NUMB:
971759
VERS:
SUBSTITUTE 3
REF:
971177
XXBY:
ALD. PRATT, GORDON AND FRANK
TITL:
A substitute ordinance relating to designation of charter schools and establishing a charter school review committee.
SECS:
320-41 cr
330 cr
ANLS:
- Analysis -
The state charter school statute, s. 118.40, Wis. Stats., authorizes the common council to grant charter school status to entities that apply and meet certain statutory and other requirements. This ordinance establishes the procedures by which the common council will review, evaluate, approve and deny applications for charter school status, as well as the provisions for revoking a school charter.
The ordinance creates a 7-member charter school review committee ("the committee") composed of 3 members appointed by the common council president, 3 appointed by the mayor and the comptroller. The committee reviews charter school applications and makes recommendations to the common council. The committee is also responsible for continuing oversight and ongoing review of charter schools. The committee will obtain the services of a technical reviewer to review each application to determine whether the application complies with the technical requirements of the application process. The reviewer may deny an application that does not comply after the applicant has been given an opportunity to correct its technical deficiencies. All applications without technical deficiencies will be reviewed and evaluated by the committee and a public hearing will be held. The committee will deny an application for charter school status or recommend granting charter school status based on the requirements and criteria of the statute, code and committee.
Whenever the committee recommends granting charter school status to an applicant, a common council motion will be prepared expressing the common council's approval of the application. The city attorney will negotiate a charter school contract for each such school and those proposed contracts will be attached to the common council files for final approval. The common council has sole discretion to approve, amend or disapprove any motion approving a charter school. The ordinance "caps" the maximum number of charter school students for the first year of the program. The maximum number of charter school students for 1998-99 is 1,250 students. If the common council requests, the committee shall make a recommendation to the common council as to whether there should be a cap after 1999 and, if so, what the cap should be.
The common council may revoke the charter of a school and terminate its contract if the school does not continue to perform the educational, management and fiscal management responsibilities required by law or in the contract.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 320-41 of the code is created to read:
320-41. Charter School Review Committee.
1. ESTABLISHMENT. The Milwaukee charter school review committee is established as provided in this section.
2. PURPOSE. The purpose of the committee is to assist the city, through its common council, with establishment and regulation of charter schools, pursuant to s. 118.40, Wis. Stats., as amended, and ch. 330.
3. COMPOSITION. a. The committee is comprised of the following 7 members:
a-1. Three members appointed by the common council president and subject to common council confirmation.
a-2. Three members appointed by the mayor and subject to common council confirmation.
a-3. The comptroller, who shall serve ex officio, or the comptroller's designee.
b. The members of the committee shall include broad representation from Milwaukee's educational community and other interested and affected segments of the community.
4. TERM OF OFFICE. a. Each appointed member shall serve at the pleasure of the appointing authority for a 3-year term, unless terminated earlier, or until his or her successor is appointed, except for those initial committee members whose terms are described in sub. c. Members of the committee may be reappointed.
b. A vacancy shall be filled for the unexpired term in the same manner as the original appointment.
c. The common council president and the mayor shall each appoint one initial committee member to a term that expires June 30, 1999. The common council president and the mayor shall each appoint one initial committee member to a term that expires June 30, 2000. The common council president and the mayor shall each appoint one initial committee member to a term that expires June 30, 2001. The appointing authority shall specify the term to which each initial member is appointed.
5. ORGANIZATION. a. The committee shall select a chair and vice-chair and may select such other officers as it sees fit.
b. The committee may adopt rules, guidelines and criteria to assist the committee in carrying out its responsibilities.
c. In the absence of a committee rule to the contrary, the provisions of Robert's rules of order, latest edition, shall govern the proceedings of the committee.
6. POWERS AND DUTIES. a. The committee is charged with the responsibility of reviewing applications for charter school status pursuant to s. 118.40, Wis. Stats., as amended, and ch. 330, making findings for each application, making recommendations to the common council for approval of applications, making regular reports about the charter school program, performing ongoing review of the financial, educational, staffing and facility status of charter schools, investigating and making recommendations to the common council concerning possible termination of contracts and revocation of charters, and adopting rules, guidelines and criteria to assist the committee in carrying out its responsibilities.
b. The committee shall establish, subject to approval by the common council, and shall file with the legislative reference bureau:
b-1. Guidelines for applicants, including reasonable application periods, time periods and deadlines for submission of applications and correction of deficiencies in applications.
b-2. Criteria for approval of applications.
c. The committee shall:
c-1. Establish guidelines for members to govern ethical issues, including conflicts of interest, particularly with respect to review and recommendations of applications.
c-2. Establish rules and guidelines specifying the technical requirements for applications which, if not met, render an application technically deficient.
c-3. Obtain the services of a technical reviewer.
c-4. Establish written educational, experience and other job qualifications for the position of technical reviewer to review charter school applications pursuant to s. 330-9. Such job qualifications shall include provisions to avoid conflicts of interest and the appearance of conflicts of interest.
c-5. Create all necessary application and other forms and modify them as needed.
c-6. Hear and decide appeals filed by unsuccessful charter school applicants under s. 330-19.
c-7. Be responsible for continuing oversight and ongoing review of the financial, educational, staffing and facility status of charter schools.
c-8. Investigate and make findings and recommendations concerning possible termination of charter school contracts and revocation of school charters.
c-9. Serve as a clearinghouse for all information requests received from common council members relative to charter school entities.
d. The committee may:
d-1. Obtain the services of experts, advisors and such other persons whom the committee finds necessary in accomplishing its responsibilities.
d-2. Adopt rules for the conduct of its hearings and for its procedures not in conflict or inconsistent with s. 118.40, Wis. Stats., as amended, or ch. 330.
d-3. Establish such standing or ad hoc subcommittees as it deems necessary to carry out its responsibilities.
d-4. Recommend to the common council the establishment of reasonable application fees for charter school applicants and reasonable oversight fees for charter schools, and an amount for such fees which is sufficient to defray the actual and necessary costs that the committee incurs in fulfilling its responsibilities under ch. 330 and this section.
d-5. Take any other action that it finds necessary or useful in fulfilling its responsibilities under ch. 330 and this section.
7. STAFFING. The department of administration shall provide staff assistance to the committee. All city departments and agencies are directed to cooperate with the committee and provide assistance whenever the committee so requests.
8. REPORTS. The committee shall annually provide a written report of its activities to the common council and the mayor and shall report more frequently as the committee, the common council or the mayor may find proper.
Part 2. Chapter 330 of the code is created to read:
CHAPTER 330 CHARTER SCHOOLS
330-1. Definition. In this chapter, "committee" means the charter school review committee established under s. 320-41.
330-3. Authority. This chapter specifies the criteria, standards and processes which the common council will use to designate charter schools, pursuant to the charter school statute, s. 118.40, Wis. Stats., as amended.
330-5. Application. An entity that wishes to be designated as a charter school shall submit an application for charter school status to the city clerk. The application shall be submitted on an application form created by the committee. The application shall require each applicant to submit the following information and documents:
1. Name of the person seeking to establish the charter school.
2. Name of the person in charge of the school.
3. Description of the way in which administrative services will be provided.
4. Description of the educational program and educational goals of the school.
5. Whether the school will serve at-risk students.
6. Methods the school will use to enable students to meet educational goals.
7. Methods by which pupil progress in attaining the educational goals will be measured.
8. Governance structure, including method of ensuring parental involvement.
9. A copy of the school personnel manual.
10. Qualifications to be met by persons employed in the school, including the policies the school will follow in conducting background checks, and the hiring standards the school will apply with respect to persons who have been convicted of a felony or misdemeanor or who have had a relevant professional license revoked or suspended. This information may be included in the school personnel manual under sub. 9.
11. Procedures to ensure the health and safety of students.
12. Means by which the school will achieve a racial and ethnic balance that is reflective of the school district population.
13. Requirements for admission.
14. Manner in which annual financial and programmatic audits will be performed.
15. Procedures for disciplining students.
16. Public school alternative for students.
17. Description of school facilities and specific types and limits of liability insurance the school will carry.
18. Effect of the charter school on liability of the city of Milwaukee.
19. The number of estimated charter school students that are expected to be enrolled for the school year.
20. Any other relevant information that the committee finds necessary or useful.
330-7. Certification of Compliance. The application shall include written certification of the school's compliance with all of the following:
1. The school shall not charge tuition for pupils enrolled under the charter school program; however, the school may charge tuition for other pupils.
2. The school shall abide by all eligibility requirements set forth in s. 118.40, Wis. Stats., as amended, and ch. 330, including, but not limited to, the pupil qualifications specified in s. 118.40(2r)(c) 1 to 5, Wis. Stats., as amended, and the pupil city residency requirement.
3. The school shall administer to pupils enrolled under the charter school program the examinations specified in s. 118.40(2r)(d)2, Wis. Stats., as amended.
4. The school shall be nonsectarian in its programs, admissions policies, employment practices and all other operations.
5. The school shall not discriminate in admission or deny participation in any program or activity on the basis of a person's sex, race, religion, national origin, ancestry, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability.
6. The school shall be located within the city.
7. The school shall certify that it is not an individual or group operating for profit or, if it is an individual or group operating for profit, it is an instrumentality of the Milwaukee public school district and all its employes are employes of the Milwaukee public school district.
8. The school shall conduct background checks on all of its teachers and employes pursuant to s. 330-5.
9. The school shall undergo inspections by the health and building inspection departments and meet any compliance schedules established pursuant to such inspections.
330-9. Application Review. 1. The city clerk shall transmit each new or resubmitted application and all attached materials to the technical reviewer selected pursuant to s. 320-41.
2. Upon receipt of an application, the technical reviewer shall furnish a copy of the application and all attached materials to the city attorney.
3. The technical reviewer shall use the rules and guidelines established by the committee under s. 320-41-6-c-2, to determine whether an application complies with the technical requirements of s. 118.40, Wis. Stats., as amended, and ch. 330. An application that does not comply with these rules and guidelines is technically deficient. The technical reviewer shall prepare a written report of his or her findings and recommendations.
4. Whenever the technical reviewer finds that an application complies with the technical requirements of s. 118.40, Wis. Stats., as amended, and ch. 330, the technical reviewer shall approve the application and transmit the application, all accompanying materials and the technical reviewer's report to the committee for action pursuant to s. 330-13.
330-11. Application Technical Deficiencies. 1. Whenever the technical reviewer finds that an application is technically deficient, the technical reviewer shall return the application and notify the applicant in writing of the specific deficiencies. The notice shall state that the applicant has one opportunity to correct the deficiencies and shall state the date by which the deficiencies shall be corrected and the revised application resubmitted to the city clerk.
2. The time period allowed for resubmittal shall be established by the committee under s. 320-41-6-b-1.
3. The technical reviewer shall deny any resubmitted application that:
a. Has not been resubmitted by the date specified in the notice of deficiency; or
b. Has been timely resubmitted but the resubmitted application is still technically deficient.
4. The technical reviewer shall notify in writing each applicant whose application has been denied under sub. 3. The notice of denial shall state the reason for the denial and that the applicant may appeal the denial as provided in s. 330-19.
330-13. Public Hearing. The committee shall consider at a public hearing each application that is approved by the technical reviewer under s. 330-9-4. At the hearing, the committee shall invite the applicant and any other interested or concerned parties to comment on the application. The committee may invite and consider information from such other sources as the committee deems necessary or helpful to make a decision.
330-15. Committee Findings. Based on the information in the application, the findings and recommendations of the technical reviewer, comments received at the public hearing, and any additional information received, the committee shall make a written finding as to whether:
1. The application complies with the requirements of ss. 330-5 and 330-7.
2. The school or proposed school will operate an education program that has a reasonable prospect of providing Milwaukee children a good education.
3. The school or proposed school possesses all of the following:
a. An appropriate governance structure, including a well-defined legal structure, clear definitions of responsibility for all major organizational functions and clear lines of accountability between the people who own the school and the people who operate it.
b. A sound system of management, including a clear and well-conceived strategic plan, clear definitions of responsibility for all management functions, a clear and coherent budget process, compliance with generally accepted practices with respect to money management and investment, and compliance with generally accepted practices with respect to internal accounting and external auditing.
c. A budget for the upcoming school year, and agrees to present budgets for future school years, that comply with generally accepted budgeting practices, including clear delineation of types of expenses and sources of revenue, use of realistic methods of expense and revenue estimation, and acceptable methods for dealing with deficits and contingencies.
d. A qualified body of administrators, teachers and staff, or has an acceptable method of recruiting such persons, and, in addition, has an acceptable method of maintaining a qualified body of administrators, teachers and staff.
330-17. Committee Recommendations. 1. Whenever the committee's written finding under s. 330-15 is positive for all factors, the committee shall make a written recommendation that the application be granted and shall:
a. Transmit the application, all related reports, findings, recommendations and information to the city clerk and request preparation and introduction of a common council motion as provided in s. 330-23.
b. Transmit the application and all related reports, findings, recommendations and information to the city attorney for contract preparation as provided in s. 330-21.
c. Notify the applicant in writing of the committee's findings and recommendation.
2. Whenever the committee's written finding under s. 330-15 is not positive for all factors, the committee shall deny the application and shall notify the applicant and the city clerk in writing that the application has been denied and the reasons for the denial.
330-19. Appeals. 1. An applicant whose application has been denied under s. 330-11-3 may, no later than 10 days after receipt of the notice of denial, file with the city clerk a written request for an appeal hearing before the committee. The city clerk shall promptly transmit any such request to the committee. The committee shall hear the applicant's appeal within 30 days after receipt of the request for a hearing.
2. The committee shall base its appeal decision only on whether the committee finds that an application that was returned to the applicant for correction of technical deficiencies remained technically deficient when it was resubmitted or was not timely resubmitted.
3. At the conclusion of the hearing, the committee shall make a written finding as to whether the application is technically deficient or resubmitted on a timely basis, or both, and shall direct the technical reviewer to take whatever action is appropriate to effect the finding. The committee shall notify the applicant in writing of the committee's finding.
330-21. City Attorney Action. 1. Whenever the city attorney receives an application transmitted under s. 330-9-2, the city attorney may review the application in anticipation of possible contract preparation under sub. 2.
2. Whenever the city attorney receives an application that the committee recommends for approval by the common council, the city attorney shall negotiate a proposed charter school contract between the applicant and the city in accordance with s. 118.40, Wis Stats., as amended, ch. 330 and any other pertinent policies adopted by the committee or the common council.
3. All charter school contracts shall comply with the following requirements:
a. The contract shall be in the name of the city of Milwaukee.
b. The contract shall provide that the contract may be terminated and the charter revoked if the common council finds that the school no longer meets the requirements of s. 330-15.
c. The contract shall be for a 5-year term unless a school requests a shorter term or the committee recommends a shorter term.
d. The contract shall contain appropriate indemnification and insurance provisions to protect the interests of the city and its employes, officers and agents.
4. When a proposed contract has been agreed to by the city attorney and the applicant, the city attorney shall submit the proposed contract to the city clerk for attachment to the common council file under s. 330-23.
330-23. City Clerk and Common Council Action. 1. Whenever the city clerk receives a request from the committee for preparation of a motion approving an application for charter school status, the city clerk shall have a motion prepared and introduced. The motion shall:
a. Express the common council's approval of the committee's recommendation to grant charter school status to the applicant.
b. Express the common council's approval of the proposed contract submitted by the city attorney and attached to the common council file.
c. Authorize and direct the appropriate city officials to execute the proposed contract.
2. The common council may, in its sole discretion, approve, amend in whole or in part or disapprove a motion described in sub. 1, subject to the provisions of s. 330-24.
330-24. Maximum number of charter school students. 1. The number of total estimated charter school students for schools granted charter school status shall not exceed the maximum level set in sub. 2.
2. a. The maximum number of total estimated charter school students for the 1998-99 school year is 1,250 students.
b. With respect to the 1999-2000 school year and each school year thereafter, the charter school review committee, if requested by the common council by motion, shall submit a recommendation to the common council as to whether a maximum number of charter school students should be imposed and, if so, what the limit should be.
330-25. Applicant May Reapply. An applicant whose application has been denied may reapply in the next application period.
330-27. Continuing Oversight of Charter Schools. The committee shall have responsibility for ongoing review of the financial, educational, staffing and facility status of charter schools pursuant to s. 320-41.
330-29. Termination of Contract and Revocation of Charter. 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.
2. Whenever the common council by motion requests the committee to investigate a school concerning possible termination of a contract and revocation of a charter, the committee shall make an investigation, hold a hearing and make written findings and recommendations to the common council concerning termination of a contract and revocation of a charter.
3. The committee may investigate a school concerning possible termination of a contract and revocation of a charter on its own initiative or whenever an individual or group other than the common council so requests. If the investigation discloses possible cause for termination of the contract and revocation of the charter of a school, the committee shall hold a hearing and make written findings and recommendations concerning termination of the contract and revocation of the charter.
4. Whenever the committee recommends termination of a contract and revocation of a charter, the committee shall:
a. Submit its findings and recommendations, together with all materials considered by the committee, to the city clerk and request the preparation and introduction of a common council motion to terminate the contract and revoke the charter.
b. Transmit its findings and recommendations, together with all materials considered by the committee, to the city attorney.
5. Whenever the city clerk receives a request under sub. 4 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 effect the contract termination and charter revocation.
6. The common council may, in its sole discretion, approve, amend in whole or in part or disapprove a motion described in sub. 5.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB98069.15
CAW
5/4/98