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LRB-3139/1
TKK&TJD:all
January 2017 Special Session
2017 - 2018 LEGISLATURE
April 18, 2017 - Printed by direction of Senate Chief Clerk.
AB6-engrossed,1,9 1An Act to renumber and amend 118.40 (3) (f) and 118.40 (3) (g) 2.; to amend
220.255 (2) (fp), 20.255 (2) (fq), 66.0137 (4), 118.40 (2x) (e) 1., 118.40 (2x) (e) 2.,
3118.40 (3m) (c), 120.13 (2) (g), 185.983 (1) (intro.) and 632.87 (1); and to create
420.255 (2) (fq), 118.40 (2x) (cm), 118.40 (2x) (e) 1m., 118.40 (3) (f) 2., 118.40 (3o),
5120.12 (26), 609.717 and 632.87 (4m) of the statutes; relating to: authorizing
6the director of the Office of Educational Opportunity in the University of
7Wisconsin System to contract for the operation of a recovery charter school,
8insurance coverage of mental health treatment provided by a recovery charter
9school, and making appropriations.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 2017 Assembly Bill 6, as passed by the assembly on April
4, 2017, consists of the following documents adopted in the assembly on April 4, 2017:
the bill as affected by Assembly Amendment 1, Assembly Amendment 2, and
Assembly Amendment 4.
Contents of Engrossed 2017 Assembly Bill 6:
This bill authorizes the director of the Office of Educational Opportunity in the
University of Wisconsin System to contract with a person to operate, as a four-year

pilot project, one recovery charter school for no more than 15 high school pupils in
recovery from substance use disorder or dependency. Under the bill, the operator
must provide an academic curriculum that satisfies the requirement for graduation
from high school as well as therapeutic programming and support for pupils
attending the charter school. The bill requires a pupil who wishes to attend the
recovery charter school to apply and to agree to all of the following: 1) that the pupil
has begun treatment in a substance use disorder or dependency program; 2) that the
pupil has maintained sobriety for at 30 days prior to attending the charter school;
and 3) that the pupil will submit to a drug screening assessment and, if appropriate,
a drug test prior to being admitted. The operator of the charter school may not admit
a pupil who tests positive for the presence of a drug in his or her system. In addition,
a pupil who enrolls in the school must receive counseling from substance use disorder
or dependency counselors while enrolled in the charter school.
The contract between the operator of the recovery charter school and OEO must
contain a requirement that, as a condition of continuing enrollment, an applicant for
enrollment in the recovery charter school submit claims for coverage of certain
services provided by the recovery charter school to his or her health care plan for
which the applicant is covered for mental health services. The bill also requires the
director of OEO to, following the third year of the operation of the charter school,
submit a written report to the Department of Health Services regarding the
operation and effectiveness of the charter school.
The bill as affected by Assembly Amendment 1 requires a school board to assist
the parent or guardian of a pupil who resides in the school district and who was
enrolled in but who has withdrawn from the recovery charter school to comply with
compulsory education requirements. Prior to amendment, the bill had required the
school board to enroll the pupil in a school in the school district. Under the bill as
affected by Assembly Amendment 1, if the pupil enrolls in a school in the school
district, the school board must ensure that the school applies all credits earned at the
recovery charter school towards high school graduation requirements.
Assembly Amendment 1 eliminates from the bill a provision that required the
Department of Public Instruction to pay a per pupil amount to a school district on
behalf of a pupil who was enrolled in the recovery charter school but who withdrew
from the charter school and enrolled instead in a school in the school district.
The bill permits the state superintendent to award a start-up grant towards
the establishment of the recovery charter school of up to $50,000 in fiscal year
2017-18 if the director of OEO procures matching funds equal to the amount of the
grant. Under the bill, the Department of Public Instruction must pay to the operator
of the recovery charter school the same per pupil amount as is paid to the operator
of other charter schools.
The bill prohibits a health care policy, plan, or contract from excluding coverage
for mental health or behavioral health treatment or services provided by the recovery
charter school if the policy, plan, or contract covers the mental health or behavior
health treatment or services when provided by another health care provider. The bill
as affected by Assembly Amendment 4 requires the operator of the recovery charter
school to notify the pupil's policy, plan, or contract, upon the pupil's enrollment in the

charter school, of the services that the policy, plan, or contract may be required to
cover. The bill also requires the operator of a recovery charter school, if requested
by a pupil's policy, plan, or contract, to enter into a memorandum of understanding
with the policy, plan, or contract on matters other than the required coverage for
services.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB6-engrossed,1 1Section 1. 20.255 (2) (fp) of the statutes is amended to read:
AB6-engrossed,3,32 20.255 (2) (fp) Charter schools; office of educational opportunity. A sum
3sufficient to make the payments to charter schools under s. 118.40 (2x) (e) 1.
AB6-engrossed,2 4Section 2. 20.255 (2) (fq) of the statutes is created to read:
AB6-engrossed,3,85 20.255 (2) (fq) Charter schools; office of educational opportunity recovery
6charter schools.
A sum sufficient to make the payments to charter schools under s.
7118.40 (2x) (e) 1m. and for the grant under 2017 Wisconsin Act .... (this act), section
821 (2 ).
AB6-engrossed,3 9Section 3. 20.255 (2) (fq) of the statutes, as affected by 2017 Wisconsin Act ....
10(this act), is amended to read:
AB6-engrossed,3,1411 20.255 (2) (fq) Charter schools; office of educational opportunity recovery
12charter schools
. A sum sufficient to make the payments to charter schools under s.
13118.40 (2x)(e) 1m. and for the grant under 2017 Wisconsin Act .... (this act), section
14(21) (2 ).
AB6-engrossed,4 15Section 4. 66.0137 (4) of the statutes is amended to read:
AB6-engrossed,4,316 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or
17a village provides health care benefits under its home rule power, or if a town
18provides health care benefits, to its officers and employees on a self-insured basis,
19the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2),

1632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.867,
2632.87 (4), (5), and to (6), 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513
3(4).
AB6-engrossed,5 4Section 5. 118.40 (2x) (cm) of the statutes is created to read:
AB6-engrossed,4,95 118.40 (2x) (cm) Notwithstanding par. (c), the director may enter into a
6contract to establish, as a pilot project, only one recovery charter school, to be located
7in this state and that operates only high school grades, if the term of the contract is
8limited to 4 consecutive school years and the contract requires the charter school
9operator to do all of the following:
AB6-engrossed,4,1110 1. Provide an academic curriculum that satisfies the high school graduation
11requirements under s. 118.33.
AB6-engrossed,4,1312 2. Provide therapeutic programming and support for pupils in recovery from
13substance use disorder or dependency.
AB6-engrossed,4,1514 3. Require prospective pupils to apply to attend the charter school and
15condition eligibility for enrollment on all of the following:
AB6-engrossed,4,1716 a. That the applicant has begun treatment in a substance use disorder or
17dependency program.
AB6-engrossed,4,1918 b. That the applicant will have maintained sobriety for at least 30 days prior
19to attending the charter school.
AB6-engrossed,4,2220 c. That the applicant submit to a drug screening assessment and, if indicated,
21a drug test. An applicant who tests positive for the presence of a drug in his or her
22system may not be enrolled in the charter school.
AB6-engrossed,4,2323 4. Limit enrollment to no more than 15 pupils.
AB6-engrossed,5,3
15. Require, as a condition of continuing enrollment, that an applicant receive
2counseling from substance use disorder or dependency counselors employed by the
3charter school while enrolled in the charter school.
AB6-engrossed,5,44 6. Establish the following policies for pupils attending the charter school:
AB6-engrossed,5,85 a. Suspension and expulsion policies for pupils. The operator shall provide for
6incremental and rehabilitative discipline in the policies under this subd. 6. a. The
7operator shall model expulsion procedures on the procedures for expulsion under s.
8120.13 (1) (c) 3.
AB6-engrossed,5,109 b. That a pupil attending the charter school may elect to unenroll from the
10charter school upon the completion of any treatment program required of the pupil.
AB6-engrossed,5,1411 7. Require, as a condition of continuing enrollment, that an applicant submit
12claims for coverage of therapeutic programming and support and counseling
13provided by the charter school to any health care plan, as defined in s. 628.36 (2) (a)
141., under which the applicant is covered for mental health services.
AB6-engrossed,6 15Section 6. 118.40 (2x) (e) 1. of the statutes is amended to read:
AB6-engrossed,5,2116 118.40 (2x) (e) 1. Beginning in the 2016-17 school year, from the appropriation
17under s. 20.255 (2) (fp), for each pupil attending a charter school established under
18this subsection, other than the charter school established under par. (cm), the
19department shall pay to the operator of a charter school established under this
20subsection an amount equal to the per pupil amount paid to an operator of a charter
21school under sub. (2r) (e) in that school year.
AB6-engrossed,7 22Section 7. 118.40 (2x) (e) 1m. of the statutes is created to read:
AB6-engrossed,6,223 118.40 (2x) (e) 1m. Beginning in the 2017-18 school year, from the
24appropriation under s. 20.255 (2) (fq), for each pupil attending the charter school
25established under par. (cm), the department shall pay to the operator of the charter

1school an amount equal to the per pupil amount paid to an operator of a charter
2school under sub. (2r) (e) in that school year.
AB6-engrossed,8 3Section 8. 118.40 (2x) (e) 2. of the statutes is amended to read:
AB6-engrossed,6,74 118.40 (2x) (e) 2. The department shall pay 25 percent of the total amount
5required to be paid under this paragraph in September, 25 percent in December, 25
6percent in February, and 25 percent in June. The department shall send the check
7to the operator of the charter school.
AB6-engrossed,10 8Section 10. 118.40 (3) (f) of the statutes is renumbered 118.40 (3) (f) 1. and
9amended to read:
AB6-engrossed,6,1410 118.40 (3) (f) 1. A contract with a school board, an entity under sub. (2r) (b) a.
11to h.
, or the director under sub. (2x) may provide for the establishment of more than
12one charter school, and, except as provided in subd. 2., a charter school governing
13board may enter into more than one contract with a school board, an entity under
14sub. (2r) (b), or the director under sub. (2x).
AB6-engrossed,11 15Section 11. 118.40 (3) (f) 2. of the statutes is created to read:
AB6-engrossed,6,1816 118.40 (3) (f) 2. The governing board of the charter school established under
17a contract with the director under sub. (2x) (cm) may not enter into more than one
18contract with the director.
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