Chapter 115

115.997(16)(a)3. 3. A withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including obligations the performance of which extends beyond the effective date of withdrawal.

115.997(16)(a)4. 4. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.

115.997(16)(b) (b) Dissolution of Compact.

115.997(16)(b)1. 1. This compact shall dissolve effective upon the date of the withdrawal or default of the member state that reduces the membership in the compact to one member state.

115.997(16)(b)2. 2. Upon the dissolution of this compact, the compact is null and void and of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds distributed in accordance with the bylaws.

115.997(17) (17) Article XVII — Severability and construction.

115.997(17)(a) (a) The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

115.997(17)(b) (b) The provisions of this compact shall be liberally construed to effectuate its purposes.

115.997(17)(c) (c) Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

115.997(18) (18) Article XVIII — binding effect of compact and other laws.

115.997(18)(a) (a) Other Laws.

115.997(18)(a)1. 1. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.

115.997(18)(a)2. 2. All laws of member states that conflict with this compact are superseded to the extent of the conflict.

115.997(18)(b) (b) Binding effect of the compact.

115.997(18)(b)1. 1. Subject to sub. (12) (b), all lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the member states.

115.997(18)(b)2. 2. All agreements between the interstate commission and the member states are binding in accordance with their terms.

115.997(18)(b)3. 3. If any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

115.997 History History: 2009 a. 329; 2011 a. 260; 2015 a. 55.

subch. IX of ch. 115 SUBCHAPTER IX

OPPORTUNITY SCHOOLS AND
PARTNERSHIP PROGRAM

115.999 115.999 Opportunity schools and partnership program.

115.999(1) (1) Definitions. In this subchapter:

115.999(1)(a) (a) “Commissioner” means the individual in charge of the opportunity schools and partnership program under this subchapter.

115.999(1)(b) (b) “County executive” means the chief elected official of the county within which all or the majority of the territory of an eligible school district lies.

115.999(1)(c) (c) “Eligible school” means a public school in an eligible school district identified on the annual report submitted by the state superintendent under s. 115.28 (10m) (b).

115.999(1)(d) (d) “Eligible school district” means a school district that satisfies all of the following:

115.999(1)(d)1. 1. The school district was assigned to the lowest performance category on the 2 most recent accountability reports published under s. 115.385 (1).

115.999(1)(d)2. 2. The membership of the school district is greater than 15,000. In this subdivision, “membership” has the meaning given in s. 121.004 (5).

115.999(1)(d)3. 3. The school district received intradistrict transfer aid under s. 121.85 (6) (a) in the 2 school years described under subd. 1.

115.999(1)(e) (e) “Mayor” means the mayor of the city within which all or the majority of the territory of an eligible school district lies.

115.999(2) (2) General provisions; commissioner; opportunity schools and partnership program.

115.999(2)(a) (a) Within 120 days after receiving notice under s. 115.28 (10o) (b), the governor, the mayor, and the county executive shall compile a list of candidates for commissioner. Subject to sub. (2m), the county executive shall select a commissioner using the procedure under s. 119.9001 (2) (a).

115.999(2)(b) (b) The opportunity schools and partnership program in any eligible school district comprises individual eligible schools transferred by the commissioner of that opportunity schools and partnership program in the manner provided under s. 119.9002 (2).

115.999(2m) (2m) Special provisions; certain unified school districts.

115.999(2m)(a) (a) In this subsection, an “eligible unified school district” means a unified school district that satisfies the following criteria:

115.999(2m)(a)1. 1. The unified school district is an eligible school district.

115.999(2m)(a)2. 2. The unified school district contains a city that has a population of more than 75,000.

115.999(2m)(a)3. 3. The unified school district contains at least 2 villages.

115.999(2m)(b) (b)

115.999(2m)(b)1. 1. Within 120 days after receiving notice under s. 115.28 (10o) (d), an eligible unified school district may demonstrate to the department of administration that the school board of the eligible unified school district is not, directly or indirectly, delegating its authority to make decisions about providing benefits to its employees. If the department of administration certifies that the school board of the eligible unified school district is not, directly or indirectly, delegating its authority to make decisions about providing benefits to its employees, the county executive may not select a commissioner under sub. (2) (a) unless the eligible unified school district satisfies all of the following criteria:

115.999(2m)(b)1.a. a. The unified school district was assigned to the lowest performance category on the 3 most recent accountability reports published under s. 115.385 (1).

115.999(2m)(b)1.b. b. The school district received intradistrict transfer aid under s. 121.85 (6) (a) in the 3 school years described under subd. 1. a.

115.999(2m)(b)2. 2. If the department of administration does not certify that the school board of an eligible unified school district is not, directly or indirectly, delegating its authority to make decisions about providing benefits to its employees, the county executive shall select a commissioner under sub. (2) (a).

115.999(2m)(c) (c) Within 60 days after receiving notice under s. 115.28 (10o) (d), the village board of each village located within an eligible unified school district may consider a resolution to affirm or deny the village board’s intent to create a new school district under s. 117.105 (4m). If a village board adopts a resolution affirming the village’s intent to create a new school district, the village board shall include all of the following information in the resolution:

115.999(2m)(c)1. 1. The territory of the new school district. The territory of the new school district shall correspond with village boundaries but may incorporate more than one village.

115.999(2m)(c)2. 2. The name of the new school district.

115.999(2m)(c)3. 3. The type of the new school district and the grades to be taught by the new school district as described under s. 115.01 (2) and (3).

115.999(2m)(c)4. 4. Whether the proposed effective date of the school district creation is July 1 of the following school year or July 1 of the second following year.

115.999(2m)(d) (d) If a county executive may select a commissioner under par. (b) 1. and in the previous school year a village board did not adopt a resolution to affirm its intent to create a new school district, within 60 days of receiving notice under s. 115.28 (10o) (d) for the 3rd consecutive school year, the village board shall by resolution provide for a referendum on the question of whether to create a new school district. The village board shall include in the resolution all of the information described in par. (c) 1. to 4.

115.999(3) (3) Commissioner; powers and duties. Upon selection by the county executive under sub. (2), the commissioner shall establish an opportunity schools and partnership program that is substantially similar to the opportunity schools and partnership program established under subch. II of ch. 119. The commissioner shall have all of the powers and duties granted to the commissioner of the opportunity schools and partnership program under subch. II of ch. 119.

115.999(4) (4) Payments on behalf of pupils attending schools transferred to the opportunity schools and partnership program; state aid adjustments. The state superintendent shall, from the appropriation under s. 20.255 (2) (fs), make payments on behalf of pupils attending schools transferred to an opportunity schools and partnership program under this subchapter in the same manner as payments are made under s. 119.9005 (1) to (3), and shall make adjustments to the amount of state aid received by the eligible school district in the manner provided in s. 119.9005 (4) and (5).

115.999 History History: 2015 a. 55; 2017 a. 59; 2019 a. 185; 2021 a. 238 s. 45.