Number
011351
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. D'AMATO
Title
A substitute ordinance relating to the procedures for termination of charter school contracts and the probation of charter schools.
Sections
330-29-0 am
330-29-1 rp
330-29-2 rn
330-29-3 rn
330-29-4 rn
330-29-4 am
330-29-5 rn
330-29-5 rc
330-29-6 rn
Analysis
Pursuant to authority granted to the common council in s. 118.40(5), Wis. Stats., this ordinance clarifies current code provisions as they relate to the following matters concerning schools chartered by the city:
1. The common council has the authority to terminate the contract and revoke the charter of a Milwaukee charter school without first receiving a recommendation from the charter school review committee or in contravention of a recommendation from the charter school review committee.
2. The common council has the authority to place any charter school on probation for a term and under conditions set by the common council.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 330-29-0 of the code is amended to read:
330-29. [[Termination of Contract and Revocation of Charter]] >>Committee Investigations<<.
Part 2. Section 330-29-1 of the code is repealed. (Note: the provisions being repealed read as follows:
1. In the manner provided in this section, the common council may terminate the charter school contract and revoke the charter of a school whenever the common council finds that any of the following occurred:
a. The charter school violated its contract with the city.
b. The pupils enrolled in the charter school failed to make sufficient progress toward attaining the educational goals under s. 118.01, Wis. Stats. as amended.
c. The charter school failed to comply with generally accepted accounting standards of fiscal management.
d. The charter school violated s. 118.40, Wis. Stats., as amended, or this chapter.)
Part 3. Section 330-29-2 to 6 of the code is renumbered 330-29-1 to 5.
Part 4. Section 330-29-4 of the code is amended to read:
4. Whenever the city clerk receives a request under sub. [[4]] >>3<< for preparation of a motion terminating a charter school contract and revoking a school's charter, the city clerk shall have a motion prepared and introduced. The motion shall:
a. State the findings of the common council that the contract should be terminated and the charter revoked and the reasons for such findings.
b. State that the common council terminates the contract and revokes the charter.
c. Authorize and direct the appropriate city officials to affect the contract termination and charter revocation.
Part 5. Section 330-29-5 of the code is repealed and recreated to read:
5. Nothing in this section shall prevent the common council from terminating the contract and revoking the charter of a charter school, in contravention or in the absence of a recommendation from the committee concerning termination and revocation, or from placing a charter school on probation for a term and under conditions as may be determined by the common council.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
LRB02038-1
jro
02/12/02