This bill repeals all three Opportunity Schools and Partnership Programs,
created in
2015 Wisconsin Act 55: the first class city OSPP, the superintendent of
schools OSPP, under the control of the superintendent of schools of the Milwaukee
Public Schools, and the OSPP for eligible school districts. An eligible school district
is one that satisfies all of the following: 1) the school district was assigned to the
lowest performance category on the accountability reports published for the district
in the two most recent school years; 2) the membership of the school district is greater
than 15,000; and 3) the school district received intradistrict transfer aid in the two
school years described under item 1. Act 55 placed the first class city OSPP and each
eligible school district OSPP under the supervision of a commissioner, appointed by
the county executive of the county in which the school district is located.
Under each OSPP, an entity other than the school board was granted
supervision over the operation and general management of certain eligible schools.
These entities include a person who operates a charter school and the governing body
of a nonsectarian private school participating in a parental choice program. An
eligible school in each OSPP is a school that was assigned to the lowest performance
category on the most recent accountability report published for the school.
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:
SB755,3,5
313.94 Legislative audit bureau. (intro.) There is created a bureau to be
4known as the "Legislative Audit Bureau," headed by a chief known as the "State
5Auditor." The bureau shall be strictly nonpartisan and shall at all times observe the
6confidential nature of any audit currently being performed. Subject to s. 230.35 (4)
7(a) and (f), the state auditor or designated employees shall at all times with or
8without notice have access to all departments and to any books, records or other
9documents maintained by the departments and relating to their expenditures,
10revenues, operations and structure, including specifically any such books, records,
11or other documents that are confidential by law, except as provided in sub. (4) and
12except that access to documents of counties, cities, villages, towns or school districts
13is limited to work performed in connection with audits authorized under sub. (1) (m)
14and except that access to documents of the opportunity schools and partnership
1programs under s. 119.33, subch. IX of ch. 115, and subch. II of ch. 119 is limited to
2work performed in connection with audits authorized under sub. (1) (os). In the
3discharge of any duty imposed by law, the state auditor may subpoena witnesses,
4administer oaths and take testimony and cause the deposition of witnesses to be
5taken as prescribed for taking depositions in civil actions in circuit courts.
SB755,3,218
13.94
(1) (b) At the state auditor's discretion or as the joint legislative audit
9committee directs, audit the records of each department. Audits of the records of a
10county, city, village, town, or school district may be performed only as provided in par.
11(m).
Audits of the records of the opportunity schools and partnership programs
12under s. 119.33,
subch. IX of ch. 115, and subch. II of ch. 119 may be performed only
13as provided in par. (os). After completion of any audit under this paragraph, the
14bureau shall file with the chief clerk of each house of the legislature, the governor,
15the department of administration, the legislative reference bureau, the joint
16committee on finance, the legislative fiscal bureau, and the department audited, a
17detailed report of the audit, including the bureau's recommendations for
18improvement and efficiency and including specific instances, if any, of illegal or
19improper expenditures. The chief clerks shall distribute the report to the joint
20legislative audit committee, the appropriate standing committees of the legislature,
21and the joint committee on legislative organization.
SB755,4,424
13.94
(1) (e) Make such special examinations of the accounts and financial
25transactions of any department, agency or officer as the legislature, joint legislative
1audit committee or joint committee on legislative organization directs.
2Examinations of the accounts and transactions of a county, city, village, town, or
,
3subject to par. (os), of a school district
, may be performed only as authorized in par.
4(m).
SB755,4,149
13.94
(1s) (a) Except as otherwise provided in par. (c), the legislative audit
10bureau may charge any department for the reasonable cost of auditing services
11performed at the request of a department or at the request of the federal government
12that the bureau is not required to perform under sub. (1) (b) or (c) or any other law.
13This paragraph does not apply to counties, cities, villages, towns, or school districts
14or to the opportunity schools and partnership programs under sub. (1) (os).
SB755,5,103
63.23
(1) The city service commission shall classify all offices and positions in
4the city service, excepting those subject to the exemptions of s. 63.27
and those
5subject to an exclusion under s. 119.33 (2) (e) 1. or 119.9002 (5) (a), according to the
6duties and responsibilities of each position. Classification shall be so arranged that
7all positions which in the judgment of the commission are substantially the same
8with respect to authority, responsibility and character of work are included in the
9same class. From time to time the commission may reclassify positions upon a proper
10showing that the position belongs to a different class.
SB755,6,413
66.0301
(1) (a) Except as provided in pars. (b) and (c), in this section
14"municipality" means the state or any department or agency thereof, or any city,
15village, town, county, or school district
, the opportunity schools and partnership
16programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of
17schools opportunity schools and partnership program under s. 119.33, or any public
18library system, public inland lake protection and rehabilitation district, sanitary
19district, farm drainage district, metropolitan sewerage district, sewer utility district,
20solid waste management system created under s. 59.70 (2), local exposition district
21created under subch. II of ch. 229, local professional baseball park district created
22under subch. III of ch. 229, local professional football stadium district created under
23subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229,
24long-term care district under s. 46.2895, water utility district, mosquito control
25district, municipal electric company, county or city transit commission, commission
1created by contract under this section, taxation district, regional planning
2commission, housing authority created under s. 66.1201, redevelopment authority
3created under s. 66.1333, community development authority created under s.
466.1335, or city-county health department.
SB755,16
11Section
16. 118.125 (4) of the statutes, as affected by Wisconsin Act 55, is
12amended to read:
SB755,7,613
118.125
(4) Transfer of records. Within 5 working days, a school district
, and 14a private school participating in the program under s. 118.60 or in the program under
15s. 119.23
, and the governing body of a private school that, pursuant to s. 115.999 (3),
16119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general
17management of a school transferred to an opportunity schools and partnership
18program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall transfer
19to another school, including a private or tribal school, or school district all pupil
20records relating to a specific pupil if the transferring school district or private school
21has received written notice from the pupil if he or she is an adult or his or her parent
22or guardian if the pupil is a minor that the pupil intends to enroll in the other school
23or school district or written notice from the other school or school district that the
24pupil has enrolled or from a court that the pupil has been placed in a juvenile
25correctional facility, as defined in s. 938.02 (10p), or a secured residential care center
1for children and youth, as defined in s. 938.02 (15g). In this subsection, "school" and
2"school district" include any juvenile correctional facility, secured residential care
3center for children and youth, adult correctional institution, mental health institute,
4or center for the developmentally disabled that provides an educational program for
5its residents instead of or in addition to that which is provided by public, private, and
6tribal schools.
SB755,7,179
118.30
(1g) (a) 3. The governing body of each private school participating in the
10program under s. 119.23
and the governing body of a private school that, pursuant
11to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation
12and general management of a school transferred to an opportunity schools and
13partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall
14adopt pupil academic standards in mathematics, science, reading and writing,
15geography, and history. The governing body of the private school may adopt the pupil
16academic standards issued by the governor as executive order no. 326, dated January
1713, 1998.
SB755,8,220
118.30
(1s) (intro.) Annually, the governing body of each private school
21participating in the program under s. 119.23, other than a private school at which
22fewer than 20 pupils are attending the school under the program under s. 119.23,
and
23the governing body of a private school that, pursuant to s. 115.999 (3), 119.33 (2) (c)
243., or 119.9002 (3) (c), is responsible for the operation and general management of a
1school transferred to an opportunity schools and partnership program under s.
2119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall do all of the following:
SB755,8,135
118.33
(1) (f) 2. The operator of a charter school under s. 118.40 (2r) or (2x) that
6operates high school grades
and an individual or group or a person that, pursuant
7to s. 115.999 (3), 119.33 (2) (c) 1. or 2., or 119.9002 (3) (a) or (b), is responsible for the 8operation and general management of a school transferred to an opportunity schools
9and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 10and that operates high school grades shall develop and periodically review and revise
11a policy specifying criteria for granting a high school diploma. The criteria shall
12include the pupil's academic performance, successful completion of the civics test
13under sub. (1m) (a), and the recommendations of teachers.
SB755,9,216
118.33
(1) (f) 2m. The governing body of each private school participating in the
17program under s. 119.23
and the governing body of a private school that, pursuant
18to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation
19and general management of a school transferred to an opportunity schools and
20partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 shall
21develop and periodically review and revise a policy specifying criteria for granting
22a high school diploma to pupils attending the private school under s. 119.23
or the
23school transferred to an opportunity schools and partnership program under s.
24119.33, subch. IX of ch. 115, or subch. II of ch. 119. The criteria shall include the
1pupil's academic performance, successful completion of the civics test under sub.
2(1m) (a), and the recommendations of teachers.
SB755,9,235
118.33
(1) (f) 3. Neither a school board nor an operator of a charter school under
6s. 118.40 (2r) or (2x)
nor an individual or group or person that, pursuant to s. 115.999
7(3), 119.33 (2) (c) 1. or 2., or 119.9002 (3) (a) or (b), is responsible for the operation and
8general management of a school transferred to an opportunity schools and 9partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119 may
10grant a high school diploma to any pupil unless the pupil has satisfied the criteria
11specified in the school board's or charter school's policy under subd. 1. or 2.
Neither
12the The governing body of a private school participating in the program under s.
13119.23
nor a governing body of a private school that, pursuant to s. 115.999 (3), 119.33
14(2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management
15of a school transferred to an opportunity schools and partnership program under s.
16119.33, subch. IX of ch. 115, or subch. II of ch. 119 may
not grant a high school diploma
17to any pupil attending the private school under s. 119.23
or the school transferred
18to an opportunity schools and partnership program under s. 119.33, subch. IX of ch.
19115, or subch. II of ch. 119 unless the pupil has satisfied the criteria specified in the
20governing body's policy under subd. 2m. The governing body of a private school
21participating in the program under s. 118.60 may not grant a high school diploma to
22any pupil attending the private school under s. 118.60 unless the pupil has satisfied
23the criteria specified in the governing body's policy under subd. 2r.
SB755,10,3
1119.02
(1) "Board" means the board of school directors in charge of the public
2schools of a city of the 1st class
other than those public schools transferred to the
3opportunity schools and partnership programs under s. 119.33 or subch. II.
SB755,10,2210
119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
1166.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
12115.345, 115.363, 115.365 (3), 115.38 (2), 115.415, 115.445, 118.001 to 118.04,
13118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145
14(4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20,
15118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258,
16118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53,
17118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to
18(g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20,
19120.21 (3), and 120.25 are applicable to a 1st class city school district and board
but
20not, unless explicitly provided in this chapter or in the terms of a contract, to the
21commissioner or to any school transferred to an opportunity schools and partnership
22program.
SB755,11,83
119.16
(2) Establish schools and districts. The board shall maintain the
4public schools in the city
, other than those public schools transferred to the
5opportunity schools and partnership programs under s. 119.33 and subch. II, and
6shall establish, organize and maintain such schools as the board determines are
7necessary to accommodate the children entitled to instruction therein. The board
8shall divide the city into attendance districts for such schools.
SB755,11,1711
119.16
(8) Budget. (a) Annually before adopting its budget for the ensuing
12school year and at least 5 days before transmitting its completed budget under par.
13(b), the board shall hold a public hearing on the proposed school budget at a time and
14place fixed by the board. At least 45 days before the public hearing, the board shall
15notify the superintendent of schools
and the commissioner of the date, time, and
16place of the hearing. At least one week before the public hearing, the board shall
17publish a class 1 notice, under ch. 985, of the public hearing.
SB755,12,218
(b) The board shall transmit its completed budget to the common council on or
19before the first Monday in August of each year on forms furnished by the auditing
20officer of the city, and shall include in the budget the information specified under s.
21119.46 (1) for all public schools in the city under this chapter
, including the schools
22transferred to the opportunity schools and partnership programs under s. 119.33 and
23subch. II. The board shall itemize those portions of the budget allocated to schools
24transferred to the opportunity schools and partnership programs under s. 119.33 and
1subch. II. Such completed budget shall be published with the budget summary under
2s. 65.04 (2) or 65.20 and budget under s. 65.05 (7).
SB755,12,85
119.16
(9) School budget. Annually, the board shall prepare a budget for each
6school in the school district operating under this chapter
, other than the schools
7transferred to the opportunity schools and partnership programs under s. 119.33 and
8subch. II.
SB755,13,1817
119.46
(1) As part of the budget transmitted annually to the common council
18under s. 119.16 (8) (b), the board shall report the amount of money required for the
19ensuing school year to operate all public schools in the city under this chapter,
20including the schools transferred to the superintendent of schools opportunity
21schools and partnership program under s. 119.33 and to the opportunity schools and
22partnership program under subch. II, to repair and keep in order school buildings
23and equipment,
including school buildings and equipment transferred to the
24superintendent of schools opportunity schools and partnership program under s.
25119.33 and to the opportunity schools and partnership program under subch. II, to
1make material improvements to school property, and to purchase necessary
2additions to school sites. The report shall specify the amount of net proceeds from
3the sale or lease of city-owned property used for school purposes deposited in the
4immediately preceding school year into the school operations fund as specified under
5s. 119.60 (2m) (c) or (5) and the net proceeds from the sale of an eligible school
6building deposited in the immediately preceding school year into the school
7operations fund as specified under s. 119.61 (5). The amount included in the report
8for the purpose of supporting the Milwaukee Parental Choice Program under s.
9119.23 shall be reduced by the amount of aid received by the board under s. 121.136
10and by the amount specified in the notice received by the board under s. 121.137 (2).
11The common council shall levy and collect a tax upon all the property subject to
12taxation in the city, which shall be equal to the amount of money required by the
13board for the purposes set forth in this subsection, at the same time and in the same
14manner as other taxes are levied and collected. Such taxes shall be in addition to all
15other taxes which the city is authorized to levy. The taxes so levied and collected, any
16other funds provided by law and placed at the disposal of the city for the same
17purposes, and the moneys deposited in the school operations fund under ss. 119.60
18(1), (2m) (c), and (5) and 119.61 (5) shall constitute the school operations fund.
SB755,13,2321
119.61
(2) (b) The board shall submit a copy of the inventory required under
22par. (a) to the
commissioner, the superintendent of schools, the city clerk, the
23department, and the joint committee on finance.
SB755,14,4
1119.61
(2) (c) In addition to the inventory required under par. (a), the board
2shall annually notify the
commissioner, the superintendent of schools, the city clerk,
3the department, and the joint committee on finance any time a change is made to the
4use of a school building.
SB755,14,127
119.61
(3) (a) If, within 60 days after receipt of the inventory required under
8sub. (2) (a) or of a notice under sub. (2) (c),
either the commissioner or the
9superintendent of schools submits a letter of interest regarding an eligible school
10building, the common council shall immediately proceed to add the
commissioner or
11the superintendent of schools
, respectively, as an agent of the board on any existing
12lease for the eligible school building between the common council and the board.
SB755,14,2213
(b) If, no more than 60 days after providing the
commissioner and the 14superintendent of schools with a copy of the inventory under sub. (2) (a) or of a notice
15under sub. (2) (c),
neither the commissioner nor the superintendent of schools has
not 16submitted a letter of interest under par. (a), the city clerk shall post a public notice
17on the city's Internet site. The city clerk shall include in the public notice under this
18subsection the address of and the information specified under sub. (2) (a) 1. and 8.
19for each school building identified on the inventory under sub. (2) (a), or on the notice
20under sub. (2) (c), that is an eligible school building. The city clerk shall include in
21the public notice a request for and instructions for submitting letters of interest from
22persons interested in purchasing an eligible school building.
SB755,15,105
146.89
(1) (d) 2. A private school, as defined in s. 115.001 (3r), that participates
6in the choice program under s. 118.60 or the Milwaukee Parental Choice Program
7under s. 119.23
or that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3)
8(c), is responsible for the operation and general management of a school transferred
9to an opportunity schools and partnership program under s. 119.33, subch. IX of ch.
10115, or subch. II of ch. 119.
SB755,15,1513
146.89
(1) (g) 1. A public elementary school
, including an elementary school
14transferred to an opportunity schools and partnership program under s. 119.33, 15subch. IX of ch. 115, or subch. II of ch. 119.
SB755,15,2318
938.49
(2) (b) Notify the juvenile's last school district or, if the juvenile was last
19enrolled in a private school participating in the program under s. 118.60 or in the
20program under s. 119.23
or, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002
21(3) (c), in a school under the operation and general management of the governing 22body of a private school, the private school
or the governing body of a private school, 23in writing of its obligation under s. 118.125 (4).
