(j) School budget.
Annually, prepare a budget for each school transferred to the 9
program under this section. The superintendent of schools may delegate budgeting 10
responsibilities under this paragraph to the individual or group operating the school 11
under par. (c) 1., the person operating the school under par. (c) 2., or the governing 12
body of a private school operating the school under par. (c) 3.
Annually transmit his or her proposed budget for the program 14
under this section to the board on forms furnished by the auditing officer of the city.
(L) Comprehensive programs.
Collaborate with nonprofit organizations and 16
government agencies to provide pupils enrolled in a school in the program with 17
comprehensive social services and educational support, which may include a 18
program under this section that offers comprehensive services that address the 19
needs of children and youth from before the time they are born to postsecondary 20
(m) Alternative routes to graduation
. Provide alternative methods of attaining 22
a high school diploma for those pupils enrolled in a school in the program under this 23
section who are unlikely to graduate in the traditional manner, including a program 24
allowing a pupil or former pupil to retake a course in which he or she was not initially 25
1. Provide for the transportation of pupils to and from any 2
school transferred to the program under this section.
2. Upon written request from the parent or guardian of a pupil attending a 4
school transferred to the program under this section who is displaced from his or her 5
residence while enrolled in that school, provide transportation assistance to ensure 6
that the pupil may continue to attend the school.
(o) Expulsion of pupils
. Follow the policies established by the board for the 8
expulsion of pupils from schools transferred to the program under this section.
(p) Random selection
If the superintendent of schools or any entity operating 10
and managing a school transferred to the program under this section establishes an 11
application process through which pupils may apply to attend a school transferred 12
to the program under this section, establish and utilize, and ensure that the entity 13
utilizes, a random selection process for the admission of pupils to the school when the 14
number of applicants exceeds the number of seats in the school.
15(3) Superintendent of schools; powers
. (a) For purposes of the program 16
under this section, the superintendent of schools shall have all of the powers granted 17
to the commissioner of the opportunity schools and partnership program under s. 18
(b) The superintendent of schools shall exercise the powers, duties, and 20
functions prescribed to the superintendent of schools under this section 21
independently of the board. Budgeting, program coordination, and related 22
management functions for the schools transferred to the program under this section 23
shall be performed by the superintendent of schools.
(c) The superintendent of schools may enter into a contract for cooperative 2
action with a municipality under s. 66.0301 without approval of the board. In this 3
paragraph, "municipality" has the meaning given in s. 66.0301 (1).
4(4) Exit from opportunity schools and partnership program.
Subject to sub. 5
(5) (a), the superintendent of schools may transfer a school out of the program under 6
this section if the superintendent of schools determines that the school has been 7
placed in a performance category of "meets expectations" or higher on the 3 preceding 8
consecutive accountability reports published for the school under s. 115.385 (1). 9
Under this subsection, any of the following may apply to a school transferred out of 10
the program under this section:
(a) Subject to sub. (5) (b), the superintendent of schools may return operation 12
and general management of the school to the board.
(b) The superintendent of schools may transfer operation and management of 14
the school to a person to operate the school under s. 118.40 as a charter school that 15
is not an instrumentality of the school district, as determined under s. 118.40 (7).
(c) The superintendent of schools may transfer operation and general 17
management of the school to the governing body of a private school.
18(5) Opportunity schools and partnership program; limitations.
(a) A school 19
transferred to the program under this section may not be transferred out of the 20
program under sub. (4) for 5 consecutive school years.
(b) The superintendent of schools may not return operation and general 22
management of a school that has been transferred to the program under this section 23
to the board if either of the following applies:
1. The school remains an eligible school, as defined under s. 119.9000 (5).
2. The school district operating under this chapter has been assigned in the 3 2
most recent school years a performance category of "fails to meet expectations" on the 3
accountability report published under s. 115.385 (1).
4(6) Payments to the superintendent of schools, persons, and private schools
5operating schools in the superintendent of schools opportunity schools and
6partnership program; state aid adjustments.
the 2016-17 school year, 7
the state superintendent shall do all of the following:
(a) From the appropriation under s. 20.255 (2) (fs), pay to the superintendent 9
of schools on behalf of an individual or group operating a school under sub. (2) (c) 1. 10
an amount equal to the amount paid per pupil to an operator of a charter school under 11
s. 118.40 (2r) (e) in that school year multiplied by the number of pupils enrolled in 12
that school in that school year.
(b) From the appropriation under s. 20.255 (2) (fs), pay to a person operating 14
a school under a contract entered into under sub. (2) (c) 2. for that school year an 15
amount equal to the amount paid per pupil to an operator of a charter school under 16
s. 118.40 (2r) (e) in that school year multiplied by the number of pupils enrolled in 17
that school under that contract in that school year.
(c) From the appropriation under s. 20.255 (2) (fs), pay to the governing body 19
of a private school operating the school in which a pupil is enrolled under a contract 20
entered into under sub. (2) (c) 3. for that school year an amount equal to the amount 21
paid per pupil to an operator of a charter school under s. 118.40 (2r) (e) in that school 22
year multiplied by the number of pupils enrolled in that school under that contract 23
in that school year.
(d) Reduce the amount of state aid that the school district operating under this 25
chapter is eligible to be paid from the appropriation under s. 20.255 (2) (ac) for that
school year by the sum of the amounts paid for that school year under pars. (a) to (c) 2
and ensure that the aid reduction under this paragraph is lapsed to the general fund.
(e) Ensure that the aid adjustment under par. (d) does not affect the amount 4
determined to be received by the school district operating under this chapter as state 5
aid under s. 121.08 for any other purpose.
119.44 (2) (a) 5. of the statutes is created to read:
(a) 5. a. The number of pupils enrolled in each school transferred to 8
the superintendent of schools opportunity schools and partnership program under 9
s. 119.33, as reported by the superintendent of schools in the enrollment report 10
submitted under s. 119.33 (2) (b) 5.
b. The number of pupils enrolled in each school transferred to the opportunity 12
schools and partnership program under subch. II, as reported by the commissioner 13
in the enrollment report submitted under s. 119.9002 (2) (f).
119.46 (1) of the statutes is amended to read:
As part of the budget transmitted annually to the common council 16
under s. 119.16 (8) (b), the board shall report the amount of money required for the 17
ensuing school year to operate all public schools in the city under this chapter,
18including the schools transferred to the superintendent of schools opportunity
19schools and partnership program under s. 119.33 and to the opportunity schools and
20partnership program under subch. II
, to repair and keep in order school buildings 21
and equipment, including school buildings and equipment transferred to the
22superintendent of schools opportunity schools and partnership program under s.
23119.33 and to the opportunity schools and partnership program under subch. II
, to 24
make material improvements to school property, and to purchase necessary 25
additions to school sites. The report shall specify the amount of net proceeds from
the sale or lease of city-owned property used for school purposes deposited in the 2
immediately preceding school year into the school operations fund as specified under 3
s. 119.60 (2m) (c) or (5) and the net proceeds from the sale of an eligible school
4building deposited in the immediately preceding school year into the school
5operations fund as specified under s. 119.61 (5)
. The amount included in the report 6
for the purpose of supporting the Milwaukee Parental Choice Program under s. 7
119.23 shall be reduced by the amount of aid received by the board under s. 121.136 8
and by the amount specified in the notice received by the board under s. 121.137 (2). 9
The common council shall levy and collect a tax upon all the property subject to 10
taxation in the city, which shall be equal to the amount of money required by the 11
board for the purposes set forth in this subsection, at the same time and in the same 12
manner as other taxes are levied and collected. Such taxes shall be in addition to all 13
other taxes which the city is authorized to levy. The taxes so levied and collected, any 14
other funds provided by law and placed at the disposal of the city for the same 15
purposes, and the moneys deposited in the school operations fund under
(1), (2m) (c), and (5), and 119.61 (5)
shall constitute the school operations fund.
119.46 (2) of the statutes is amended to read:
If moneys specified in s. 119.60 (1), (2m) (c), or (5) or 119.61 (5)
deposited in the school operations fund, the moneys shall be used to pay the principal 20
due on any bonds issued under s. 66.1333 (5r) (b), to make sinking fund payments 21
with respect to such bonds, to purchase or redeem such bonds, to pay any redemption 22
premium required to be paid when such bonds are redeemed prior to maturity, or to 23
establish a defeasance escrow account for such bonds in an amount sufficient to 24
provide for the payment of principal, any redemption premium and interest on such
bonds when due, whether at maturity or upon prior redemption, and to pay any fees 2
or expenses associated with the establishment of the defeasance escrow account.
119.49 (4) of the statutes is amended to read:
The common council shall levy and collect a tax upon all taxable 5
property in the city, in the same manner and at the same time as other taxes are 6
levied and collected, which shall be sufficient to pay the interest on all school bonds 7
issued under this chapter subchapter
which are outstanding and to pay such part of 8
the principal of such school bonds as becomes due during the ensuing school year.
119.60 (1) of the statutes is amended to read:
Except as provided in sub. (2m) (c)
and s. 119.61 (5)
, if any real 11
property within the city which is used for school purposes is sold, the board shall 12
determine whether the proceeds of the sale are deposited in the school operations 13
fund under s. 119.46 or are deposited in the school construction fund under s. 119.48.
119.60 (2) of the statutes is amended to read:
Except as provided in sub. (2m) and s. 119.61 (5)
, city-owned 16
property used for school purposes shall be sold by the city upon written request of the 17
board if the common council adopts a resolution approving the sale. If, within 12 18
months after a written request by the board, the city has not disposed of the property, 19
has failed to obtain a written agreement to dispose of the property or has not provided 20
the board with a written report giving specific reasons, which are not identified by 21
the city attorney as constituting a conflict of interest, for its failure to dispose of the 22
property or to obtain an agreement to dispose of the property, the board may retain 23
a real estate agent to represent the board in its real estate transactions.
119.61 of the statutes is created to read:
25119.61 Surplus property. (1)
In this section:
(a) "Education operator" means any of the following:
1. The operator of a charter school established under s. 118.40 (2r) or (2x).
2. The operator of a private school.
3. The operator of a charter school established under s. 118.40 (2) or (2m) that 5
is not an instrumentality of the school district, as determined under s. 118.40 (7).
4. An individual or group that is pursuing a contract with an entity under s. 7
118.40 (2r) (b) or the director under s. 118.40 (2x) to operate a school as a charter 8
5. A person that is pursuing a contract with the board under s. 118.40 (2m) to 10
operate a school as a charter school that is not an instrumentality of the school 11
6. An entity or organization that has entered into a written agreement with any 13
of the operators identified in subds. 1. to 4. to purchase or lease a building within 14
which the operator identified in subds. 1. to 4. will operate a school.
(b) "Eligible school building" means a school building in the school district 16
operating under this chapter that satisfies any of the following:
1. The school building has been designated as surplus, underutilized, or vacant 18
on any resolution adopted within the previous 5 years by the board, and the board 19
is unable to demonstrate that the school building is no longer surplus, underutilized, 20
2. The school building has been unused or satisfies any condition qualifying the 22
building as an underutilized school building for a period of 12 consecutive months, 23
including the 12 months preceding the effective date of this subdivision .... [LRB 24
(c) "Underutilized school building" means a school building that satisfies any 2
of the following:
1. Less than 40 percent of the capacity of the school building is used for 4
instruction of pupils on a daily, school day basis if any of the following applies:
a. The school building is not part of an active expansion plan. In this subd. 1. 6
a., an "active expansion plan" is one in which the board can demonstrate to the 7
common council that expansion of pupil enrollment will occur in the school year 8
following the school year in which less than 40 percent of the capacity of the building 9
is used in the manner described in subd. 1. (intro.).
b. Pupil enrollment in the school has declined in at least 2 of the 3 school years 11
immediately preceding the school year in which less than 40 percent of the capacity 12
of the building is used in the manner described in subd. 1. (intro.).
c. The school was placed in one of the 2 lowest performance categories on the 14
accountability report published for the school under s. 115.385 (1) for the school year 15
in which less than 40 percent of the capacity of the building is used in the manner 16
described in subd. 1. (intro.) and all of the following apply: the school building is 17
located within 5 miles of another school building of the school district; that other 18
school building serves the same or similar grade levels; and no more than 60 percent 19
of the capacity of that other school building available for the instruction of pupils is 20
being used in that other school building.
2. a. Subject to subd. 2. b., the school building is not staffed on a full-time basis 22
by a principal and instructional staff assigned exclusively to the school building.
b. A school building that is staffed on a full-time basis by instructional staff 24
assigned exclusively to the school building is not an underutilized school building
under this paragraph if the principal of the school also serves as the principal of 2
3. The number of hours of pupil instruction offered in the school building in the 4
previous school year was less than 80 percent of the number of hours of pupil 5
instruction required to be scheduled under s. 121.02 (1) (f) 2.
(a) No later than 30 days after the effective date of this paragraph .... [LRB 7
inserts date], and annually thereafter, the board shall prepare an inventory of all 8
school buildings in the school district operating under this chapter. The board shall 9
sort the information in the inventory by the use of the building at the time the report 10
is prepared and shall include all of the following for each school building in the 11
1. The total square footage of and the number of classrooms in the school 13
2. The portion of the total square footage being used for direct pupil instruction.
3. The number of pupils the school building can accommodate and the number 16
of pupils receiving instruction in the school building.
4. The name of the principal and the number of full-time instructional staff 18
assigned to the school.
5. For any school building not being used for direct pupil instruction, the 20
manner in which the school building is being used, including whether the building 21
is vacant or is being used for administration, storage, or professional development.
6. The duration over the past 36 months that the school building has been used 23
in the manner identified under subd. 2. or 5.
7. Whether the board has designated the school building as surplus, 2
underutilized, or vacant on any resolution adopted by the board within the previous 3
8. Facility condition index information, including estimated short-term and 5
long-term maintenance costs of the school building.
(b) The board shall submit a copy of the inventory required under par. (a) to the 7
commissioner, the superintendent of schools, the city clerk, the department, and the 8
joint committee on finance.
(c) In addition to the inventory required under par. (a), the board shall annually 10
notify the commissioner, the superintendent of schools, the city clerk, the 11
department, and the joint committee on finance any time a change is made to the use 12
of a school building.
(a) If, within 60 days after receipt of the inventory required under sub. (2) 14
(a) or of a notice under sub. (2) (c), either the commissioner or the superintendent of 15
schools submits a letter of interest regarding an eligible school building, the common 16
council shall immediately proceed to add the commissioner or the superintendent of 17
schools, respectively, as an agent of the board on any existing lease for the eligible 18
school building between the common council and the board.
(b) If, no more than 60 days after providing the commissioner and the 20
superintendent of schools with a copy of the inventory under sub. (2) (a) or of a notice 21
under sub. (2) (c), neither the commissioner nor the superintendent of schools has 22
submitted a letter of interest under par. (a), the city clerk shall post a public notice 23
on the city's Internet site. The city clerk shall include in the public notice under this 24
subsection the address of and the information specified under sub. (2) (a) 1. and 8. 25
for each school building identified on the inventory under sub. (2) (a), or on the notice
under sub. (2) (c), that is an eligible school building. The city clerk shall include in 2
the public notice a request for and instructions for submitting letters of interest from 3
persons interested in purchasing an eligible school building.
(a) The common council may designate a person to act as the agent of the 5
city with respect to the sale of an eligible school building. Except as provided in par. 6
(e), only education operators may purchase an eligible school building. An education 7
operator may submit a letter of interest as provided in the public notice under sub. 8
(3) to notify the common council or its agent of its interest in purchasing an eligible 9
(b) Upon receipt of a letter of interest under par. (a) or sub. (3) (a), the city clerk 11
shall update that portion of the city's Internet site containing information about the 12
eligible school building to indicate that a letter of interest has been received and that 13
other interested education operators may, within 28 days from the date of the update, 14
submit a letter of interest to notify the common council or its agent of its interest in 15
purchasing the eligible school building. If, at the end of the 28-day period, no other 16
letters of interest in purchasing the eligible school building have been received, the 17
city shall proceed under par. (c). If, within the 28-day period, one or more other 18
letters of interest in purchasing the eligible school building have been received, the 19
city shall proceed under par. (d).
(c) Except as provided in par. (d), no later than 60 days after the first business 21
day after the end of the 28-day period under par. (b), the common council or its agent 22
shall do all of the following:
1. Determine whether the prospective buyer is an education operator under 24
sub. (1) (a).
2. Make information about the eligible school building available and show the 2
eligible school building to the education operator.
3. Consider the financial capability of the education operator.
4. Negotiate a reasonable purchase price and terms with the education 5
operator. The common council may not require the education operator to make a 6
payment in lieu of property taxation or to pay a similar fee as a condition of the sale 7
of the eligible school building. The purchase price shall be based upon either of the 8
a. The purchase price paid for other comparable school buildings sold within 10
the previous 5 years, with adjustments to the purchase price made by taking into 11
consideration the useable square footage, age, condition, and location of the eligible 12
school building and any other pertinent information about the eligible school 13
building and the school building or buildings used for purposes of comparison.
b. An appraisal prepared for the eligible school building that includes the 15
purchase price paid for comparable buildings, if available.
5. Complete the sale of the eligible school building in accordance with standard 17
city practices. The common council or its agent may condition closing on any of the 18
a. Proof of financing for the purchase and any improvements proposed for the 20
eligible school building.
b. Inclusion of a reversionary clause permitting the common council to 22
recapture a building that remains unoccupied 24 months after the date of closing due 23
to a failure of the purchaser to complete improvements proposed for the eligible 24
(d) If, within 28 days after an education operator submits a letter of interest 2
under par. (a), at least one other education operator submits a letter of interest under 3
par. (a) or (b), the common council shall, within 50 days after the other education 4
operator submits a letter of interest, initiate a competitive, request-for-proposal 5
process and shall identify members of a committee to select the most suitable buyer 6
of the eligible school building. Once the most suitable buyer is selected, the common 7
council shall proceed with the selected prospective buyer as required under par. (c) 8
1. to 5. In evaluating proposals submitted under this paragraph, the committee 9
selected by the common council may not consider the organizational status of the 10
education operator nor the type of school proposed to be located in the eligible school 11
building, but shall consider all of the following:
1. The nature of any improvements proposed for, and the amount of any 13
investment in, the school building.
2. The quality of the design proposed for the school building.
3. The fiscal capability of the education operator.
(e) Any person may submit a letter of interest to purchase a school building that 17
has qualified as an eligible school building for more than 24 consecutive months. 18
Upon receipt of a letter of interest under this paragraph, the common council shall 19
proceed with the prospective buyer as required under par. (c) 2., 3., 4., and 5.
If any eligible school building is sold as provided in this section, the net 21
proceeds of the sale shall be deposited into the school operations fund under s. 119.46.