LRB-2144/1
TKK:cjs&klm
2015 - 2016 LEGISLATURE
February 15, 2016 - Introduced by Representatives Brostoff, Considine, Berceau,
Goyke and Barnes, cosponsored by Senator C. Larson. Referred to Committee
on Education.
AB918,1,7 1An Act to repeal 118.44; to amend 20.255 (2) (cu), 118.38 (1) (a) 9., 118.43 (6)
2(b) 11., 118.43 (7), 118.60 (2) (a) (intro.) and 119.23 (2) (a) (intro.); to repeal and
3recreate
118.43 (9); and to create 118.435, 118.60 (12) and 119.23 (12) of the
4statutes; relating to: terminating parental choice programs, repealing the
5achievement gap reduction program, expanding the student achievement
6guarantee program, granting rule-making authority, and making an
7appropriation.
Analysis by the Legislative Reference Bureau
This bill repeals the Achievement Gap Reduction (AGR) program created in
2015 Wisconsin Act 53, reinstates an expanded Student Achievement Guarantee in
Education (SAGE) program, and phases out the Milwaukee, Racine, and statewide
parental choice programs (together, choice programs).
Both the AGR and SAGE programs are categorical aid programs that provide
funding to participating schools for low-income pupils enrolled in participating
grades if the participating school complies with a five-year contract entered into
between a school board, on behalf of the participating school, and the Department
of Public Instruction (DPI). Under the AGR program repealed in this bill, a
participating grade is a grade from kindergarten to third grade that is subject to an
AGR contract. The expanded SAGE program established under this bill applies to
all grades, from four-year-old kindergarten through grade 12.

Under the AGR program repealed in this bill, a school board must implement
one or more of the following strategies in each class in each participating grade at
each participating school:
1. Reduce the class size to 18 pupils or, if a classroom has at least two regular
classroom teachers, to 30 pupils, and provide professional development on small
group instruction.
2. Provide instructional coaching for teachers.
3. Provide one-to-one tutoring to pupils who struggle with reading or math.
Under the expanded SAGE program created in this bill, each participating school
must reduce the class size of each class in the school to 18 pupils or, if a classroom
has at least two regular classroom teachers, to 30 pupils. In addition, the school
board must:
(a) Ensure that certain education and human services are available in each
participating school.
(b) Ensure that a rigorous curriculum is provided in each participating school.
(c) Provide staff development and require professional staff accountability for
staff in each participating school.
Under the AGR program repealed in this bill, DPI must pay to a school board
under an AGR contract a per pupil amount determined by dividing the amount
appropriated to the AGR program by the total number of pupils enrolled in a
participating class. Under the expanded SAGE program created in this bill, DPI
must pay $2,250 for each pupil in a participating class. Under the bill, DPI must
annually adjust the per pupil payment to reflect the percentage change in the
consumer price index, if that change is positive. The repeal of the AGR takes effect
immediately; the bill permits school boards to enter into contracts under the
expanded SAGE program in the 2016-17 school year.
Also under this bill, beginning in the 2016-17 school year, no private school may
participate in a choice program unless the school was participating in the program
in the 2015-16 school year. Also under the bill, no pupil may attend a private school
under a choice program unless the pupil was attending that private school under the
program in the 2015-16 school year.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB918,1 1Section 1. 20.255 (2) (cu) of the statutes, as affected by 2015 Wisconsin Act 53,
2is amended to read:
AB918,3,3
120.255 (2) (cu) Achievement gap reduction guarantee contracts. The amounts
2in the schedule A sum sufficient for aid to school districts under s. 118.435 and for
3aid to school districts
and the program evaluation under ss. s. 118.43 and 118.44.
AB918,2 4Section 2. 118.38 (1) (a) 9. of the statutes, as affected by 2015 Wisconsin Act
553
, is amended to read:
AB918,3,86 118.38 (1) (a) 9. The requirements established for achievement guarantee
7contracts under s. 118.43 and for achievement gap reduction contracts the expanded
8student achievement guarantee program
under s. 118.44 118.435.
AB918,3 9Section 3. 118.43 (6) (b) 11. of the statutes, as created by 2015 Wisconsin Act
1053
, is amended to read:
AB918,3,1611 118.43 (6) (b) 11. For the 2016-17 school year and any subsequent school year,
12the amount determined under s. 118.44 (6) 118.435 multiplied by the number of
13low-income pupils enrolled in a grade eligible for funding, and in a class in which the
14class size has been reduced in the manner required under sub. (3) (a), (am), (ar), or
15(at) or permitted under sub. (3m), in each school in the school district covered by
16renewals of contracts under sub. (2) (g).
AB918,4 17Section 4. 118.43 (7) of the statutes, as affected by 2015 Wisconsin Act 53, is
18amended to read:
AB918,3,2219 118.43 (7) Evaluation. Beginning in the 1996-97 school year and ending in the
202014-2015 2015-16 school year, the department shall arrange for an evaluation of
21the program under this section and shall allocate from the appropriation under s.
2220.255 (2) (cu) $250,000 for that purpose.
AB918,5 23Section 5. 118.43 (9) of the statutes, as created by 2015 Wisconsin Act 53, is
24repealed and recreated to read:
AB918,4,2
1118.43 (9) Sunset. No contract may be entered into or renewed under this
2section after the 2015-16 school year.
AB918,6 3Section 6. 118.435 of the statutes is created to read:
AB918,4,17 4118.435 Expanded student achievement guarantee program; state aid.
5(1)
Legislative findings. The legislature finds that the voucher program
6established under ss. 118.60, 2013 stats., and 119.23, 2013 stats., is a failed
7experiment. The legislature further finds that the student achievement guarantee
8in education program established under s. 118.43 has had measurable impacts on
9pupils enrolled in schools that have entered into contracts with the department
10under that section as compared to pupils who were enrolled in schools not
11participating in the program established under s. 118.43. These impacts include
12improved reading academic growth in kindergarten, improved mathematics and
13reading academic growth from kindergarten through 3rd grade, and a positive effect
14on students from economically disadvantaged backgrounds completing high school.
15The legislature finds that the student achievement guarantee in education program
16should be expanded under this section and that state resources allocated to the
17voucher program should be redirected to the program under this section.
AB918,4,18 18(2) Definitions. In this section:
AB918,4,2019 (a) "Class size" means the number of pupils assigned to a regular classroom
20teacher on the 3rd Friday of September.
AB918,4,2221 (b) "Low-income pupils" means pupils who satisfy the income eligibility
22criteria under 42 USC 1758 (b) (1).
AB918,4,2423 (c) "Participating school" means an eligible school that is subject to a contract
24under this section.
AB918,5,4
1(3) Eligibility. (a) Eligible school districts. A school district that has a contract
2under s. 118.43 on the effective date of this paragraph .... [LRB inserts date], is an
3eligible school district and may enter into a contract with the department under sub.
4(4).
AB918,5,85 (b) Individual school under student achievement guarantee contract. A school
6is eligible to participate in the program under this section if the school is subject to
7a contract under s. 118.43 on the effective date of this paragraph .... [LRB inserts
8date].
AB918,5,119 (c) Low-income schools. A school is eligible to participate in the program under
10this section if, in the previous school year, the school had an enrollment that was at
11least 30 percent low-income pupils.
AB918,5,15 12(4) Contract. (a) Contract with eligible school district. In the 2016-17 school
13year, the school board of an eligible school district may enter into a 5-year contract
14with the department on behalf of one or more schools in the school district that are
15eligible under sub. (3) (b).
AB918,5,1916 (b) Contract with school district of eligible school. Beginning in the 2016-17
17school year and in any school year thereafter, the school board of a school district may
18enter into a 5-year contract with the department on behalf of one or more schools in
19the school district that are eligible under sub. (3) (c).
AB918,5,2220 (c) Waiver of contract terms prohibited. No contract entered into under this
21section may include a waiver of any requirement of or rule promulgated under the
22authority of this section.
AB918,5,25 23(5) Contract requirements. The department shall require each school board
24that has entered into a contract under sub. (4) to do all of the following in each
25participating school:
AB918,6,1
1(a) Reduction in class size. Reduce class size in one of the following manners:
AB918,6,22 1. Reduce the class size in each class in the school to 18 in the following manner:
AB918,6,53 a. In the first school year of the contract, in at least the 2 lowest grades taught
4in the school. For a school that offers elementary grades, the lowest grade is
54-year-old kindergarten.
AB918,6,76 b. In the 2nd school year of the contract, in at least the 3 lowest grades taught
7in the school.
AB918,6,98 c. In the 3rd school year of the contract and in every other school year of the
9contract, in each grade taught in the school.
AB918,6,1110 2. Combine 2 classes subject to the class size limitation under subd. 1. in any
11school covered by the contract if all of the following apply to that combined class:
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