119.61(4)(c)4.4. Negotiate a reasonable purchase price and terms with the education operator. The common council may not require the education operator to make a payment in lieu of property taxation or to pay a similar fee as a condition of the sale of the eligible school building. The purchase price shall be based upon either of the following: 119.61(4)(c)4.a.a. The purchase price paid for other comparable school buildings sold within the previous 5 years, with adjustments to the purchase price made by taking into consideration the useable square footage, age, condition, and location of the eligible school building and any other pertinent information about the eligible school building and the school building or buildings used for purposes of comparison. 119.61(4)(c)4.b.b. An appraisal prepared for the eligible school building that includes the purchase price paid for comparable buildings, if available. 119.61(4)(c)5.5. Complete the sale of the eligible school building in accordance with standard city practices. The common council or its agent may condition closing on any of the following: 119.61(4)(c)5.a.a. Proof of financing for the purchase and any improvements proposed for the eligible school building. 119.61(4)(c)5.b.b. Inclusion of a reversionary clause permitting the common council to recapture a building that remains unoccupied 24 months after the date of closing due to a failure of the purchaser to complete improvements proposed for the eligible school building. 119.61(4)(d)(d) If, within 28 days after an education operator submits a letter of interest under par. (a), at least one other education operator submits a letter of interest under par. (a) or (b), the common council shall, within 50 days after the other education operator submits a letter of interest, initiate a competitive, request-for-proposal process and shall identify members of a committee to select the most suitable buyer of the eligible school building. Once the most suitable buyer is selected, the common council shall proceed with the selected prospective buyer as required under par. (c) 1. to 5. In evaluating proposals submitted under this paragraph, the committee selected by the common council may not consider the organizational status of the education operator nor the type of school proposed to be located in the eligible school building, but shall consider all of the following: 119.61(4)(d)1.1. The nature of any improvements proposed for, and the amount of any investment in, the school building. 119.61(4)(d)2.2. The quality of the design proposed for the school building. 119.61(4)(e)(e) Any person may submit a letter of interest to purchase a school building that has qualified as an eligible school building for more than 24 consecutive months. Upon receipt of a letter of interest under this paragraph, the common council shall proceed with the prospective buyer as required under par. (c) 2., 3., 4., and 5. 119.61(5)(5) If any eligible school building is sold as provided in this section, the net proceeds of the sale shall be deposited into the school operations fund under s. 119.46. 119.61 HistoryHistory: 2015 a. 55; 2017 a. 366. 119.66119.66 Interest in contracts forbidden. During the term for which elected or appointed and for 2 years after the expiration of the term, no member of the board may be employed by the board or by the department of employee trust funds in any capacity for which a salary or emolument is provided by the board or the department of employee trust funds. No board member, superintendent of schools, assistant superintendent, other assistant, teacher or other employee of the board may have any interest in the purchase or sale of property by the city for the use or convenience of the schools. No contract made in violation of this section is valid. Any consideration paid by the city for a purchase or sale prohibited by this section may be recovered in an action at law in the name of the city. Any person violating this section shall be removed from any position held under this subchapter. 119.68119.68 Claims against the city or board. 119.68(1)(1) All claims against the city or board shall be audited for sufficiency of funds by the auditing officer of the city. The superintendent of schools shall furnish the auditing officer of the city a complete list of the claims. Before a warrant is issued therefor, the auditing officer of the city shall countersign it. Within 20 days after each regular or special meeting of the board, the superintendent of schools shall make and file with the auditing officer of the city statements of the condition of the funds for the support of the schools and of the financial transactions of the board during the period next preceding any such statement. 119.68(2)(2) No action may be brought or maintained against the school upon a claim or cause of action unless the claimant complies with s. 893.80. This subsection does not apply to actions commenced under s. 19.37, 19.97 or 281.99. 119.68 AnnotationThe Milwaukee Public Schools are not a suable entity. That a complaint should have named the Milwaukee Board of School Directors or City of Milwaukee as defendant did not require dismissal. Amendment to name and serve the appropriate defendant was allowed. Kleckley v. Milwaukee Public Schools, 20 F Supp. 2d 1264 (1998).
119.70119.70 Use of school buildings and grounds for civic purposes. 119.70(1)(1) The board may establish and maintain for children and adults, in the school buildings and on the school grounds, evening schools, vacation schools, reading rooms, library stations, debating clubs, gymnasiums, public playgrounds, public baths and similar activities and accommodations to be determined by the board. The board may cooperate, by agreement, with other commissions or boards having the custody and management of public parks, libraries, museums and public buildings and grounds of whatever sort to provide the equipment, supervision, instruction and oversight necessary to carry on such public educational and recreational activities in and upon such other buildings and grounds. 119.70(3)(3) The board shall report to the common council on or before the first Monday in August of each year the amount of money required during the ensuing school year for the support of activities under sub. (1). The common council shall levy and collect a special tax in the manner that other taxes are levied and collected, equal to the amount of money so required for the activities. The tax shall not be used or appropriated, directly or indirectly, for any other purpose. 119.70(4)(4) All moneys received by or raised in the school district for the activities under sub. (1) shall be paid to the city treasurer, to be disbursed in the manner that other school district funds are disbursed. 119.70(5)(5) Nothing in this section prohibits the board from granting the use of school property to religious organizations under s. 120.13 (17). 119.71119.71 Five-year-old kindergarten programs. 119.71(3)(a)(a) Annually, the board shall spend at least $5,090,000 to expand its half-day 5-year-old kindergarten program to a full-day program, as provided under par. (b), and shall enroll in the expanded program only pupils who meet the income eligibility standards for a free lunch under 42 USC 1758 (b) (1). The board shall select pupils for the expanded program based on the order in which the pupils register for the program. 119.71(3)(b)(b) The board shall use the funds specified under par. (a) to pay the costs of teachers, aides and other support staff, transportation of staff to pupils’ homes, in-service programs, parental involvement programs and instructional materials. The board may not use the funds to provide facilities to house the program or to pay pupil transportation or indirect administrative costs associated with the program. 119.73119.73 Kindergarten programs. The board shall evaluate the effectiveness of the expanded 5-year-old kindergarten programs under s. 119.71 in meeting the needs of disadvantaged children. Annually by January 1, the board shall submit a report summarizing its findings to the state superintendent and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3). 119.74119.74 Extended-day elementary grade, 4-year-old kindergarten and alcohol and other drug abuse programs. The board shall spend at least $430,000 for the following programs in each school year: 119.74(1)(1) Extended-day preschool to grade 6 programs. 119.74(2)(2) Four-year-old kindergarten programs. 119.74(3)(3) Alcohol and other drug abuse programs at 68th Street school. 119.75119.75 First grade programs. 119.75(1)(1) The board shall provide expanded educational opportunities for first grade pupils who have participated in an expanded 5-year-old kindergarten program under s. 119.71. 119.75(2)(2) Annually, the board shall spend at least $1,070,000 to pay the costs of teachers, aides and other support staff, transportation of staff to pupils’ homes, in-service programs, parental involvement programs and instructional materials related to the programs under sub. (1). The board may not use the funds to provide facilities to house the programs under sub. (1) or to pay pupil transportation or indirect administrative costs associated with the programs under sub. (1). 119.78119.78 Family resource center. The board shall establish a family resource center to distribute parent education materials, conduct workshops on child development, facilitate communication between school personnel and parents of pupils enrolled in the school district and provide volunteer opportunities for parents within the schools. 119.82119.82 Alternative educational programs for learnfare pupils. 119.82(1m)(1m) Upon the request of the child or the child’s parent or guardian, the board shall provide an alternative educational program for any child who resides in the city and satisfies all of the following: 119.82(1m)(a)(a) Is at least 13 years of age but not more than 18 years of age. 119.82(1m)(b)(b) Is receiving aid to families with dependent children under s. 49.19 or is a member of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who is participating in Wisconsin works under s. 49.147 (3) to (5). 119.82(2m)(2m) Programs under sub. (1m) shall be designed to meet the high school graduation requirements under s. 118.33. FIRST CLASS CITY OPPORTUNITY
SCHOOLS AND PARTNERSHIP PROGRAM
119.9000119.9000 Definitions. In this subchapter: 119.9000(1)(1) “Commissioner” means the individual in charge of the opportunity schools and partnership program under this subchapter. 119.9000(2)(2) “Council” means the opportunity schools and partnership program advisory council. 119.9000(3)(3) “County” means a county having a population of 750,000 or more. 119.9000(4)(4) “County executive” means the chief elected official of a county. 119.9000(5)(5) “Eligible school” means a public school in the school district operating under this chapter identified on the annual report submitted by the state superintendent under s. 115.28 (10m) (a). 119.9000 HistoryHistory: 2015 a. 55. 119.9001119.9001 Commissioner of opportunity schools and partnership program; general provisions. 119.9001(1)(1) The governor, the mayor of the city, and the county executive shall each appoint a person who is not an elected official to compile a list of candidates for the position of commissioner. 119.9001(2)(a)(a) No later than 120 days after July 14, 2015, the county executive shall select, from the list of qualified candidates provided under sub. (1), an individual to serve as the commissioner of the opportunity schools and partnership program. 119.9001(2)(b)(b) In the event of a vacancy in the commissioner position, the county executive shall notify the governor and the mayor of the city who shall follow the procedure under sub. (1). No later than 120 days after providing notice under this paragraph, the county executive shall select an individual to fill the vacant position. 119.9001(2)(c)(c) The commissioner shall report to the county executive and may be removed from office only by the county executive. 119.9001(3)(3) The commissioner is subject to all restrictions, liabilities, punishments, and limitations, other than recall under s. 9.10 (4), prescribed by law for members of the common council in their city. 119.9001(4)(4) The commissioner shall be paid an annual salary in the amount set by the county executive. 119.9001(5)(a)(a) The corporation counsel of the county shall be the legal adviser of and attorney for the commissioner and the opportunity schools and partnership program, except that the commissioner shall retain an attorney to represent the commissioner and the opportunity schools and partnership program in any matter if any of the following applies: 119.9001(5)(a)1.1. The county executive, the county corporation counsel, or the commissioner determines that the commissioner or the opportunity schools and partnership program requires specialized legal expertise not possessed by the county corporation counsel. 119.9001(5)(a)2.2. The county executive, the county corporation counsel, or the commissioner determines that the county corporation counsel does not have sufficient staff to adequately represent the interests of the commissioner or the opportunity schools and partnership program. 119.9001(5)(a)3.3. The county executive, the county corporation counsel, or the commissioner determines that a conflict of interest exists. 119.9001(5)(b)(b) The county corporation counsel shall notify the commissioner as soon as a determination is made under par. (a) that the county corporation counsel is unable to represent the commissioner. 119.9001(5)(c)(c) The commissioner shall provide the county corporation counsel with reasonable notice of any meeting at which the commissioner will consider retention of an attorney. 119.9001 HistoryHistory: 2015 a. 55; 2017 a. 150. 119.9002119.9002 Commissioner; duties. The commissioner, the entities selected to operate and manage schools transferred to the program under this subchapter, and each school transferred to the program under this subchapter shall be subject to ss. 118.016, 118.13, 118.30 (1m), and 118.38, other than s. 118.38 (1) (a) 9., and to subch. V of ch. 115 and federal law applicable to children with disabilities. The commissioner shall do all of the following: 119.9002(1)(1) Policies for identifying eligible schools to be transferred to the opportunity schools and partnership program; partnership initiatives. 119.9002(1)(a)(a) Establish policies for providing qualitative analysis of each eligible school, identified in the annual report submitted by the state superintendent under s. 115.28 (10m) (a), to determine whether the school is suitable for transfer to the opportunity schools and partnership program. The commissioner shall include as a criterion in his or her policies the level of interest within the school and the school’s community in transferring the school to the program, as determined from community engagement. The commissioner shall establish a method for evaluating community engagement. 119.9002(1)(b)(b) Develop and manage partnership programs to more efficiently and effectively deploy wraparound services to residents of the county. 119.9002(2)(2) Selection of schools for transfer to the opportunity schools and partnership program and limit on the number of schools transferred in any one school year. 119.9002(2)(a)1.1. During the 2015-16 school year, from the report submitted by the state superintendent under s. 115.28 (10m) (a), and using the policies established under sub. (1) (a), select at least one and not more than 3 eligible schools to be transferred to the opportunity schools and partnership program for the following school year. 119.9002(2)(a)2.2. During the 2016-17 school year, from the report submitted by the state superintendent under s. 115.28 (10m) (a), and using the policies established under sub. (1) (a), select not more than 3 additional eligible schools to be transferred to the opportunity schools and partnership program for the following school year. 119.9002(2)(a)3.3. During the 2017-18 school year, and in any subsequent school year, from the report submitted by the state superintendent under s. 115.28 (10m) (a), and using the policies established under sub. (1) (a), select not more than 5 additional eligible schools to be transferred to the opportunity schools and partnership program for the following school year. 119.9002(2)(b)(b) Develop a request-for-proposal process for soliciting proposals from individuals, groups, persons, and governing bodies of private schools to operate and manage an eligible school upon transfer of the school to the opportunity schools and partnership program. 119.9002(2)(c)(c) After selecting one or more eligible schools to be transferred to the opportunity schools and partnership program as provided under par. (a), initiate the request-for-proposal process under par. (b) for each selected school and make a determination regarding the entity that will operate the school. Upon receipt of proposals under par. (b), the commissioner may engage the families of pupils enrolled in the school and community members and organizations to cultivate support for the transfer of the school to the program. 119.9002(2)(d)(d) For each eligible school selected under par. (a), determine which of the following will be responsible for the operation and general management of the school upon its transfer to the opportunity schools and partnership program:
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