Chapter 118

118.44(1)(d) (d) “Participating grade” means grade 5-year-old kindergarten and grades 1 to 3 in a school subject to a contract under this section.

118.44(1)(e) (e) “Participating school” means a school that has entered into a contract under this section.

118.44(2) (2) Eligibility.

118.44(2)(a) (a) School districts. The school board of any school district that has a contract under s. 118.43 on July 3, 2015, is eligible to enter into a contract with the department under sub. (3).

118.44(2)(b) (b) Individual schools. A school is eligible to participate in the program under this section if the school is subject to a contract under s. 118.43 on July 3, 2015.

118.44(3) (3) Contract. The school board of an eligible school district may enter into a 5-year contract with the department on behalf of one or more schools in the school district that are eligible under sub. (2) (b). No achievement gap reduction contract entered into under this section may include a waiver of any requirement of or rule promulgated under the authority of this section.

118.44(4) (4) Contract requirements. The terms of a contract under sub. (3) shall require all of the following:

118.44(4)(a) (a) Strategies: class size; instructional coaching; tutoring. The school board to implement one or more of the following strategies in each class in each participating grade at each participating school:

118.44(4)(a)1. 1. Provide professional development related to small group instruction and reduce the class size to one of the following:

118.44(4)(a)1.a. a. No more than 18.

118.44(4)(a)1.b. b. No more than 30 in a combined classroom having at least 2 regular classroom teachers.

118.44(4)(a)2. 2. Provide data-driven instructional coaching for the class teachers. The instruction shall be provided by licensed teachers who possess appropriate content knowledge to assist classroom teachers in improving instruction in math or reading and possess expertise in reducing the achievement gap.

118.44(4)(a)3. 3. Provide data-informed, one-to-one tutoring to pupils in the class who are struggling with reading or mathematics or both subjects. Tutoring shall be provided during regular school hours by a licensed teacher using an instructional program found to be effective by the What Works Clearinghouse of the Institute of Education Sciences.

118.44(4)(b) (b) Annual reporting. The school board to annually report all of the following to the department:

118.44(4)(b)1. 1. Before November 1 of each school year, a brief description of the strategies identified under par. (a) that the school board intends to implement in each participating grade in each participating school.

118.44(4)(b)2. 2. Before the last day of each school year, a brief description of the strategies identified under par. (a) that the school board did implement in each participating grade in each participating school.

118.44(4)(c) (c) Goals. The school board to provide a description of the performance objectives for the academic achievement of the pupils enrolled in participating grades in each participating school and the formative and summative assessments that will be used to evaluate success in attaining those objectives. The school board and participating schools shall identify specific, measurable, and achievable performance objectives, including reducing the achievement gap in math and reading in each participating grade.

118.44(4)(d) (d) School board review. Each participating school to present information regarding the school’s implementation of the contract requirements under par. (a), its performance objectives under par. (c), and its success in attaining the objectives to the school board at the end of every semester of the contract.

118.44(5) (5) Contract renewals.

118.44(5)(a) (a) Except as provided in par. (b), a contract under this section may be renewed for one or more terms of 5 school years. No achievement gap reduction contract renewed under this section may include a waiver of any requirement of or rule promulgated under the authority of this section.

118.44(5)(b) (b) The department may not renew a contract with a school district on behalf of a participating school if the department determines that the school board has failed to comply with the terms of the contract under sub. (4).

118.44(6) (6) State aid.

118.44(6)(a) (a) In this subsection, “amount appropriated” means the amount under s. 20.255 (2) (cu) in any fiscal year less $125,000.

118.44(6)(bm) (bm) From the appropriation under s. 20.255 (2) (cu), for each low-income pupil enrolled in a participating grade, the department shall pay to a school district that has entered into a contract with the department under this section an amount determined annually by the department as follows:

118.44(6)(bm)1. 1. Determine the total number of low-income pupils enrolled in participating grades in all school districts that have entered into a contract with the department under this section and for which the department is required to make a payment under this subsection.

118.44(6)(bm)2. 2. Add to the number of low-income pupils under subd. 1. the number of low-income pupils for whom the department is required to make a payment under s. 118.43.

118.44(6)(bm)3. 3. Divide the amount appropriated by the sum of low-income pupils under subd. 2.

118.44(6)(c) (c) The school board shall use the aid under this section to satisfy the terms of the contract.

118.44(6)(d) (d) The department shall cease payments under this section to any school district if the school board withdraws from the contract before expiration of the contract.

118.44(6)(e) (e) The department shall promulgate rules to implement and administer the payment of state aid under this subsection.

118.44(6)(f) (f) Limitations on payment. If a school fails to implement the requirements under sub. (4) (a) in a participating grade for which the department has made payment, the school board of the district shall, upon the request of the department, reimburse the department the amount paid for the participating grade on the school’s behalf for the school year in which the requirements were not implemented.

118.44(7) (7) Evaluation.

118.44(7)(a) (a) Beginning in the 2018-19 school year, the department shall arrange for an annual evaluation of the program under this section and shall allocate from the appropriation under s. 20.255 (2) (cu) $125,000 for that purpose.

118.44(7)(b) (b) The entity performing the evaluation under this subsection shall distribute each such evaluation to each school district that has entered into a contract under sub. (3).

118.44 History History: 2015 a. 53, 71.

118.44 Note NOTE: 2015 Wis. Act 53, which created this section, contains extensive explanatory notes.

118.45 118.45 Tests for alcohol use. A school board employee or agent, or law enforcement officer, as defined in s. 102.475 (8) (c), authorized by a public school board may require a public school pupil, including a charter school pupil, to provide one or more samples of his or her breath for the purpose of determining the presence of alcohol in the pupil’s breath whenever the authorized employee, agent or officer has reasonable suspicion that the pupil is under the influence of alcohol while the pupil is in any of the circumstances listed in s. 125.09 (2) (b) 1. to 3. The authorized employee, agent or officer shall use a breath screening device approved by the department of transportation for the purpose of determining the presence of alcohol in a person’s breath to determine if alcohol is present in the pupil’s breath. The results of the breath screening device or the fact that a pupil refused to submit to breath testing shall be made available for use in any hearing or proceeding regarding the discipline, suspension or expulsion of a student due to alcohol use. No school board may require a pupil to provide one or more samples of his or her breath for the purpose of determining the presence of alcohol in the pupil’s breath until the school board has adopted written policies regarding disciplines or treatments that will result from being under the influence of alcohol while on school premises or from refusing to submit to breath testing to determine the presence of alcohol in the pupil’s breath.

118.45 History History: 1995 a. 327.

118.46 118.46 Policy on bullying.

118.46(1) (1) By March 1, 2010, the department shall do all of the following:

118.46(1)(a) (a) Develop a model school policy on bullying by pupils. The policy shall include all of the following:

118.46(1)(a)1. 1. A definition of bullying.

118.46(1)(a)2. 2. A prohibition on bullying.

118.46(1)(a)3. 3. A procedure for reporting bullying that allows reports to be made confidentially.

118.46(1)(a)4. 4. A prohibition against a pupil retaliating against another pupil for reporting an incident of bullying.

118.46(1)(a)5. 5. A procedure for investigating reports of bullying. The procedure shall identify the school district employee in each school who is responsible for conducting the investigation and require that the parent or guardian of each pupil involved in a bullying incident be notified.

118.46(1)(a)6. 6. A requirement that school district officials and employees report incidents of bullying and identify the persons to whom the reports must be made.

118.46(1)(a)7. 7. A list of disciplinary alternatives for pupils that engage in bullying or who retaliate against a pupil who reports an incident of bullying.

118.46(1)(a)8. 8. An identification of the school-related events at which the policy applies.

118.46(1)(a)9. 9. An identification of the property owned, leased, or used by the school district on which the policy applies.

118.46(1)(a)10. 10. An identification of the vehicles used for pupil transportation on which the policy applies.

118.46(1)(b) (b) Develop a model education and awareness program on bullying.

118.46(1)(c) (c) Post the model policy under par. (a) and the model program under par. (b) on its Internet site.

118.46(2) (2) By August 15, 2010, each school board shall adopt a policy prohibiting bullying by pupils. The school board may adopt the model policy under sub. (1) (a). The school board shall provide a copy of the policy to any person who requests it. Annually, the school board shall distribute the policy to all pupils enrolled in the school district and to their parents or guardians.

118.46 History History: 2009 a. 309.

118.50 118.50 Whole grade sharing.

118.50(1) (1) Agreement. The school boards of 2 or more school districts may enter into a whole grade sharing agreement that provides for all or a substantial portion of the pupils enrolled in one or more grades, including 4-year-old and 5-year-old kindergarten and prekindergarten classes, in any of the school districts to attend school in one or more of the other school districts for all or a substantial portion of a school day. School boards shall include in a whole grade sharing agreement all of the following:

118.50(1)(a) (a) The term of the agreement, which shall be for one or more entire school years.

118.50(1)(am) (am) The date by which each school board must notify the other participating school boards of its intent to renew the agreement.

118.50(1)(b) (b) The grade levels in each school district that are subject to the agreement.

118.50(1)(c) (c) Subject to sub. (2m), the annual amount that the school board of a pupil’s resident school district pays to the school board of the school district that the pupil attends under the agreement.

118.50(1)(d) (d) Which school board grants diplomas to pupils who, under the agreement, graduate from high school in a school district other than the pupil’s resident school district.

118.50(1)(e) (e) Which school board is responsible for pupil records, as defined in s. 118.125 (1) (d), for pupils, who under the agreement, attend school in a school district other than the pupil’s resident school district.

118.50(2) (2) Procedure.

118.50(2)(a) (a) A school board may not enter into, extend, or renew a whole grade sharing agreement after February 15 of the school year preceding the school year in which the agreement, extension, or renewal takes effect.

118.50(2)(b) (b) At least 60 days before entering into, extending, or renewing a whole grade sharing agreement, the school board shall adopt a resolution stating its intention to do so. Within 10 days after adoption of the resolution, the school district clerk shall publish notice of the adoption of the resolution as a class 1 notice under ch. 985 in a newspaper published in the school district or post a notice of the adoption of the resolution as provided in s. 10.05.

118.50(2)(c) (c) Within 30 days after publication or posting, a petition signed by at least 20 percent of the electors residing in the school district may be filed with the school board requesting a feasibility study of the agreement. Upon receiving the petition, the school board shall contract with an organization approved by the department to conduct the feasibility study. If a feasibility study is required under this paragraph, the school board may not enter into, extend, or renew a whole grade sharing agreement until it receives the results of the study. The school board shall post the results of the feasibility study on the school district’s Internet site.

118.50(2)(d) (d) At least 30 days before entering into, extending, or renewing a whole grade sharing agreement, the school board shall hold a public hearing in the school district at which the proposed agreement is described and at which any school district elector may comment on the proposed agreement. Two or more school boards that will be parties to the agreement may hold a joint public hearing in one of the school districts.

118.50(2)(e) (e) No later than 10 days after entering into, extending, or renewing a whole grade sharing agreement, the school district clerk shall file with the state superintendent a certified copy of the whole grade sharing agreement.

118.50(2m) (2m) Pupils with disabilities.

118.50(2m)(a) (a) Under a whole grade sharing agreement, for each pupil with an individualized education program that is in effect, the school board of the school district in which the pupil resides shall pay the school board of the nonresident school district in which the pupil attends school under the whole grade sharing agreement the following amount:

118.50(2m)(a)1. 1. In the 2016-17 school year, $12,000.

118.50(2m)(a)2. 2. Beginning in the 2017-18 school year, the sum of the per pupil amount under this paragraph for the previous school year; the amount of the per pupil revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

118.50(2m)(b) (b) If a pupil with an individualized education program that is in effect attends school in a nonresident school district under a whole grade sharing agreement for less than a full school term, the resident school board shall prorate the payment amount under par. (a) based on the number of days that school is in session during that school term and number of days the pupil attends school in the nonresident school district during that school term.

118.50(3) (3) Transportation.

118.50(3)(a) (a) A pupil’s resident school board is responsible for transporting the pupil to and from the school the pupil attends during the school term under a whole grade sharing agreement, unless the whole grade sharing agreement provides otherwise.

118.50(3)(b) (b)

118.50(3)(b)1. 1. Subject to subd. 2., a whole grade sharing agreement shall specify which participating school board is responsible for transporting pupils to attend summer school classes.

118.50(3)(b)2. 2. If a school board provides transportation to attend summer school classes in the school district to pupils who reside in the school district, the school board shall provide transportation to attend summer school classes in the school district to pupils who do not reside in the school district who are attending summer school classes in the school district under a whole grade sharing agreement.

118.50(3)(c) (c) If, under a whole grade sharing agreement, a school board provides transportation for fewer than all pupils, there shall be reasonable uniformity in the minimum and maximum distances pupils are transported.

118.50(4) (4) Attendance areas. If a school board enters into a whole grade sharing agreement that designates more than one school district for the attendance of its pupils, the school board shall establish attendance areas within the school district for determining the school districts of attendance of the pupils.

118.50(5) (5) Rights and privileges of nonresident pupils; participation in programs.

118.50(5)(a) (a) Except as provided in s. 118.134 (3m), a pupil attending a public school in a nonresident school district under this section has all of the rights and privileges of pupils residing in that school district and is subject to the same rules and regulations as pupils residing in that school district.

118.50(5)(b) (b) A pupil attending a public school in a nonresident school district under this section is considered a resident of the nonresident school district for the purposes of participating in programs of a cooperative educational service agency or a county children with disabilities education board.

118.50(6) (6) Full-time open enrollment in a participating nonresident school district. If a whole grade sharing agreement provides for a pupil to attend a grade in a nonresident school district in which the pupil is attending school under s. 118.51, the pupil’s status as a pupil attending the nonresident school district under s. 118.51 is suspended for the school year the pupil is enrolled in the grade that is subject to the whole grade sharing agreement. This subsection does not prevent a pupil from continuing to attend the nonresident school district in succeeding school years without reapplying, as provided under s. 118.51 (3) (c).

118.50(7) (7) School district reorganization. A whole grade sharing agreement entered into under this section is not an order of school district reorganization under ch. 117.

118.50(8) (8) The department may promulgate rules to implement and administer this section.

118.50 History History: 2015 a. 55; 2017 a. 59.

118.51 118.51 Full-time open enrollment.