Chapter 118

118.40(2r)(g)1.bf. bf. Identify the pupils residing in the school district for whom a payment is made under par. (fm) to an operator of a charter school established under contract with an entity under par. (b) 1. e. to h. in that school year.

118.40(2r)(g)1.bn. bn. Sum the payments made under par. (fm) 1. for all of the pupils identified under subd. 1. bf. that school year.

118.40(2r)(g)1.e. e. Sum the amounts determined under subd. 1. b. and bn.

118.40(2r)(g)2. 2. If a school district’s state aid payment under s. 121.08 is insufficient to cover the reduction under subd. 1., as determined under s. 121.085 (2), the department shall decrease other state aid payments made by the department to the school district by the remaining amount.

118.40(2r)(g)3. 3. The department shall ensure that the decrease under subd. 1. does not affect the amount determined to be received by a school district as state aid under s. 121.08 for any other purpose.

118.40(2r)(h) (h) A charter school established under this subsection is a local educational agency under 20 USC 6301 to 6578 and as such is eligible for funding as a local educational agency, and shall comply with all requirements of local educational agencies, under 20 USC 6301 to 6578.

118.40(2x) (2x) Office of educational opportunity.

118.40(2x)(a) (a) In this subsection:

118.40(2x)(a)1. 1. “Director” means the special assistant to the president of the University of Wisconsin System appointed under s. 36.09 (2) (c).

118.40(2x)(a)2. 2. “Instructional staff” has the meaning given in the rules promulgated by the department under s. 121.02 (1) (a) 2.

118.40(2x)(a)3. 3. “Resident school board” means the school board of the school district in which a pupil resides.

118.40(2x)(b) (b)

118.40(2x)(b)1. 1. The director may contract with a person to operate a charter school.

118.40(2x)(b)2. 2. A contract to operate a charter school shall include all of the provisions specified under sub. (1m) (b) 1. to 14. and shall specify the effect of the establishment of the charter school on the liability of the University of Wisconsin System under this paragraph. The contract shall also include all of the following provisions and may include other provisions agreed to by the parties:

118.40(2x)(b)2.a. a. A requirement that the charter school governing board adhere to specified annual academic and operational performance standards developed in accordance with the performance framework of the person with which it is contracting.

118.40(2x)(b)2.b. b. Provisions detailing the corrective measures the charter school governing board will take if the charter school fails to meet performance standards.

118.40(2x)(b)2.d. d. The methodology that will be used by the charter school governing board to monitor and verify pupil enrollment, credit accrual and course completion.

118.40(2x)(b)2.e. e. A requirement that the director have direct access to pupil data.

118.40(2x)(b)2.f. f. A description of the administrative relationship between the parties to the contract.

118.40(2x)(b)2.g. g. A requirement that the charter school governing board hold parent-teacher conferences at least annually.

118.40(2x)(b)2.h. h. A requirement that if more than one charter school is operated under the contract, the charter school governing board reports to the director on each charter school separately.

118.40(2x)(b)2.i. i. A requirement that the charter school governing board provide the data needed by the director for purposes of making the report required under sub. (3m) (f).

118.40(2x)(b)2.j. j. A requirement that the charter school governing board participate in any training provided by the director.

118.40(2x)(b)2.k. k. A description of all fees that the director will charge the charter school governing board.

118.40(2x)(b)2.L. L. If the contract is for the operation of a charter school that includes a grade from 5 to 12, a requirement that the charter school’s curriculum include the instruction required under s. 121.02 (1) (L) 8., so far as applicable.

118.40(2x)(b)3. 3.

118.40(2x)(b)3.a. a. A contract may include grounds for expelling a pupil from the charter school.

118.40(2x)(b)3.b. b. If the contract includes grounds for expelling a pupil from the charter school as permitted under subd. 3. a., the contract shall include the procedures to be followed by the charter school prior to expelling a pupil.

118.40(2x)(b)4. 4. The director may not contract for the establishment of a virtual charter school.

118.40(2x)(cm) (cm) Notwithstanding par. (b) 1., the director may enter into a contract to establish, as a pilot project, one recovery charter school, to be located in this state and that operates only high school grades, if the term of the contract is limited to 4 consecutive school years and the contract requires the charter school operator to do all of the following:

118.40(2x)(cm)1. 1. Provide an academic curriculum that satisfies the high school graduation requirements under s. 118.33.

118.40(2x)(cm)2. 2. Provide therapeutic programming and support for pupils in recovery from substance use disorder or dependency.

118.40(2x)(cm)3. 3. Require prospective pupils to apply to attend the charter school and condition eligibility for enrollment on all of the following:

118.40(2x)(cm)3.a. a. That the applicant has begun treatment in a substance use disorder or dependency program.

118.40(2x)(cm)3.b. b. That the applicant will have maintained sobriety for at least 30 days prior to attending the charter school.

118.40(2x)(cm)3.c. c. That the applicant submit to a drug screening assessment and, if indicated, a drug test. An applicant who tests positive for the presence of a drug in his or her system may not be enrolled in the charter school.

118.40(2x)(cm)4. 4. Limit enrollment to no more than 15 pupils.

118.40(2x)(cm)5. 5. Require, as a condition of continuing enrollment, that an applicant receive counseling from substance use disorder or dependency counselors employed by the charter school while enrolled in the charter school.

118.40(2x)(cm)6. 6. Establish the following policies for pupils attending the charter school:

118.40(2x)(cm)6.a. a. Suspension and expulsion policies for pupils. The operator shall provide for incremental and rehabilitative discipline in the policies under this subd. 6. a. The operator shall model expulsion procedures on the procedures for expulsion under s. 120.13 (1) (c) 3.

118.40(2x)(cm)6.b. b. That a pupil attending the charter school may elect to unenroll from the charter school upon the completion of any treatment program required of the pupil.

118.40(2x)(cm)7. 7. Require, as a condition of continuing enrollment, that an applicant submit claims for coverage of therapeutic programming and support and counseling provided by the charter school to any health care plan, as defined in s. 628.36 (2) (a) 1., under which the applicant is covered for mental health services.

118.40(2x)(d) (d) The director shall do all of the following:

118.40(2x)(d)1. 1. Ensure that all instructional staff of charter schools established under this subsection hold a license or permit to teach issued by the department.

118.40(2x)(d)2. 2. Administer the examinations under ss. 118.30 (1r) and 121.02 (1) (r) to pupils enrolled in charter schools established under this subsection.

118.40(2x)(e) (e)

118.40(2x)(e)1. 1. Beginning in the 2016-17 school year, from the appropriation under s. 20.255 (2) (fp), for each pupil attending a charter school established under this subsection, other than the charter school established under par. (cm), the department shall pay to the operator of a charter school established under this subsection an amount equal to the per pupil amount paid to an operator of a charter school under sub. (2r) (e) in that school year.

118.40(2x)(e)1m. 1m. Beginning in the 2017-18 school year, from the appropriation under s. 20.255 (2) (fq), for each pupil attending the charter school established under par. (cm), the department shall pay to the operator of the charter school an amount equal to the per pupil amount paid to an operator of a charter school under sub. (2r) (e) in that school year.

118.40(2x)(e)2. 2. The department shall pay 25 percent of the total amount required to be paid under this paragraph in September, 25 percent in December, 25 percent in February, and 25 percent in June. The department shall send the check to the operator of the charter school. The state superintendent shall include the entire amount under par. (em) 1. in the December installment, but the payment shall be made in a separate check from the payment under this paragraph.

118.40(2x)(eh) (eh) Annually, on or before September 15, an operator of a charter school authorized under this subsection shall file with the department a report stating its summer daily attendance for each day of summer school for the purpose of par. (em).

118.40(2x)(em) (em)

118.40(2x)(em)1. 1. Beginning in the 2018-19 school year, in addition to the payment under par. (e) and subject to subd. 2., for a pupil attending summer school at a charter school established under this subsection, the state superintendent shall pay to the operator of the charter school, in the manner described in par. (e) 2., the amount determined under sub. (2r) (fm) 1. for the pupil.

118.40(2x)(em)2. 2. An operator of a charter school may receive a per pupil payment under this paragraph if all of the following are satisfied:

118.40(2x)(em)2.a. a. The charter school offers no fewer than 19 summer days of instruction during that summer.

118.40(2x)(em)2.b. b. Each summer day of instruction offered by the charter school under subd. 2. a. is comprised of no fewer than 270 minutes of instruction.

118.40(2x)(f) (f)

118.40(2x)(f)1. 1. Beginning in the 2016-17 school year, subject to s. 121.085 (1), the department shall decrease a school district’s state aid payment under s. 121.08 by an amount calculated as follows:

118.40(2x)(f)1.a. a. Determine the number of pupils residing in the school district for whom a payment is made under par. (e) 1. in that school year.

118.40(2x)(f)1.b. b. Multiply the number of pupils under subd. 1. a. by the per pupil amount calculated under par. (e) 1. for that school year.

118.40(2x)(f)1.c. c. Identify the pupils residing in the school district for whom a payment is made under par. (em) 1. in that school year.

118.40(2x)(f)1.d. d. Sum the payments made under par. (em) 1. for all of the pupils identified under subd. 1. c. that school year.

118.40(2x)(f)1.e. e. Sum the amounts determined under subd. 1. b. and d.

118.40(2x)(f)2. 2. If a school district’s state aid payment under s. 121.08 is insufficient to cover the reduction under subd. 1., as determined under s. 121.085 (2), the department shall decrease other state aid payments made by the department to the school district by the remaining amount.

118.40(2x)(f)3. 3. The department shall ensure that the decrease under subd. 1. does not affect the amount determined to be received by a school district as state aid under s. 121.08 for any other purpose.

118.40(3) (3) Contract.

118.40(3)(a) (a) If the school board grants the petition under sub. (2), the school board shall contract with the person named in the petition under sub. (1m) (b) 1. to operate the school as a charter school under this section. The contract shall include all of the provisions specified in the petition and may include other provisions agreed to by the parties.

118.40(3)(b) (b) A contract under par. (a) or under sub. (2m), (2r), or (2x) may be for any term not exceeding 5 school years and may be renewed for one or more terms not exceeding 5 school years. The contract shall specify the amount to be paid to the charter school during each school year of the contract.

118.40(3)(c) (c)

118.40(3)(c)1. 1. A school board may not enter into a contract for the establishment of a charter school located outside the school district, except as follows:

118.40(3)(c)1.a. a. If 2 or more school boards enter into an agreement under s. 66.0301 to establish a charter school, the charter school shall be located within one of the school districts.

118.40(3)(c)1.b. b. If one or more school boards enter into an agreement with the board of control of a cooperative educational service agency to establish a charter school, the charter school shall be located within the boundaries of the cooperative educational service agency.

118.40(3)(c)1.c. c. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, the charter school shall be located within the school district or within the boundaries of the tribe’s or band’s reservation.

118.40(3)(c)1m. 1m. Subdivision 1. does not apply to the establishment of a virtual charter school.

118.40(3)(c)2. 2. A school board may not enter into a contract that would result in the conversion of a private, sectarian school to a charter school.

118.40(3)(f) (f)

118.40(3)(f)1. 1. A contract with a school board, an entity under sub. (2r) (b) 1. a. to h., or the director under sub. (2x) may provide for the establishment of more than one charter school, and, except as provided in subd. 2., a charter school governing board may enter into more than one contract with a school board, an entity under sub. (2r) (b), or the director under sub. (2x).

118.40(3)(f)2. 2. The governing board of the charter school established under a contract with the director under sub. (2x) (cm) may not enter into more than one contract with the director.

118.40(3)(g) (g)

118.40(3)(g)1. 1. Except as provided in subds. 2., 3., and 4. and sub. (4) (ar) 1., a contract with a school board, an entity under sub. (2r) (b), or the director under sub. (2x) shall require that if the capacity of the charter school is insufficient to accept all pupils who apply, the charter school shall accept pupils at random.

118.40(3)(g)2. 2.

118.40(3)(g)2.a. a. A charter school shall give preference in enrollment to pupils who were enrolled in the charter school in the previous school year.

118.40(3)(g)2.b. b. A charter school other than the charter school established under a contract with the director under sub. (2x) (cm) shall give preference to siblings of pupils who are enrolled in the charter school.

118.40(3)(g)3. 3. A charter school may give preference in enrollment to the children of the charter school’s founders, governing board members, and full-time employees, but the total number of such children given preference may constitute no more than 10 percent of the charter school’s total enrollment.

118.40(3)(g)4. 4. A charter school established under a contract with a union high school district under sub. (2) or (2m) may give preference in enrollment to pupils who were enrolled during the previous school year in a charter school operating under a cooperative agreement with the charter school established under a contract with a union high school district.

118.40(3)(h) (h) A school board, an entity under sub. (2r), or the director under sub. (2x) may contract for the establishment of a charter school that enrolls only one sex or that provides one or more courses that enroll only one sex if the school board, entity under sub. (2r), or the director under sub. (2x) makes available to the opposite sex, under the same policies and criteria of admission, schools or courses that are comparable to each such school or course.

118.40(3m) (3m) Authorizing entity duties. A school board, an entity under sub. (2r) (b), and the director under sub. (2x) shall do all of the following:

118.40(3m)(a) (a) Solicit and evaluate charter school applications.

118.40(3m)(b) (b) When contracting for the establishment of a charter school under this section, consider the principles and standards for quality charter schools established by the National Association of Charter School Authorizers.

118.40(3m)(c) (c) Give preference in awarding contracts for the operation of charter schools other than the charter school established under a contract with the director under sub. (2x) (cm) to those charter schools that serve children at risk, as defined in s. 118.153 (1) (a).