119.9002 Commissioner; duties.

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119.9002 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

(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:

(1)Policies for identifying eligible schools to be transferred to the opportunity schools and partnership program; partnership initiatives.

(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

(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.

(b)Develop and manage partnership programs to more efficiently and effectively deploy wraparound services to residents of the county.

(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.

1. During the 2015-16 school year, from the report submitted by the state superintendent under s. 115.28

(a), and using the policies established under sub.

(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.

2. During the 2016-17 school year, from the report submitted by the state superintendent under s. 115.28

(a), and using the policies established under sub.

(a), select not more than 3 additional eligible schools to be transferred to the opportunity schools and partnership program for the following school year.

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

(a), and using the policies established under sub.

(a), select not more than 5 additional eligible schools to be transferred to the opportunity schools and partnership program for the following school year.

(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.

(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.

(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:

1. An individual or group not currently operating a school.

2. A person who is operating a charter school. The commissioner may proceed under this subdivision only if one of the following applies:

a. The performance, on the most recent examinations administered under s. 118.30

(1r), of pupils attending a school operated by the person exceeds the performance, on the most recent examinations administered under s. 118.30

(1), of pupils attending the school being transferred to the person under this subdivision.

b. In each of the 3 preceding consecutive accountability reports published under s. 115.385

(1), the performance category assigned to a school operated by the person exceeds the performance category assigned to the school being transferred to the person under this subdivision. If fewer than 3 accountability reports have been published for a school described in this subd. 2. b. , the commissioner shall determine an alternative method for comparing the school’s performance.

3. The governing body of a nonsectarian private school participating in a program under s. 118.60 or 119.23 . The commissioner may proceed under this subdivision only if one of the following applies:

a. The performance, on the most recent examinations administered under s. 118.30

(1s)or

(1t), of pupils attending a school operated by the governing body exceeds the performance, on the most recent examinations administered under s. 118.30

(1), of pupils attending the school being transferred to the governing body under this subdivision.

b. In each of the 3 preceding consecutive accountability reports published under s. 115.385

(1), the performance category assigned to a school operated by the governing body exceeds the performance category assigned to the school being transferred to the governing body under this subdivision. If fewer than 3 accountability reports have been published for a private school described in this subd. 3. b. , the commissioner shall determine an alternative method for comparing the school’s performance.

(e)Provide alternative public school attendance arrangements for pupils who do not wish to attend a school that has been transferred to the opportunity schools and partnership program.

(f)Annually submit to the board and to the county executive a report of the total number of pupils enrolled in all schools transferred to the opportunity schools and partnership program in the current school year. For each school transferred to the opportunity schools and partnership program, the commissioner shall indicate the number of pupils enrolled in the school and whether the school is under the operation and general management of an individual or group under sub.

(a), a person operating a charter school as described under sub.

(b), or the governing body of a private school as described under sub.

(c).

(3)Transfer of schools and supervision of schools transferred to the opportunity schools and partnership program. Under the direction of the county executive, assume general supervision over the schools transferred to the opportunity schools and partnership program and take one of the following actions regarding each school selected under sub.

(a):

(a)Transfer the operation and general management of the school to an individual or group under sub.

(d)1. If the commissioner proceeds under this paragraph, neither the commissioner nor the individual or group selected to be responsible for the operation and general management of the school may charge tuition to pupils attending the school.

(b)Transfer the operation and general management of the school to a person under sub.

(d)2. pursuant to a 5-school-year contract with the person. If the commissioner proceeds under this paragraph, the commissioner may contract only with a not-for-profit group. Under the terms of the contract:

1. The person, and schools operated by the person, shall be subject to the provisions of ss. 118.13 and 118.38 , other than s. 118.38

(a)9.

2. The person shall submit achievement data of pupils attending the school directly to the commissioner, who shall submit that achievement data to the board.

3. The person may not charge tuition to pupils attending a school under the contract.

4. The commissioner shall evaluate the performance of the school at the end of the 3rd school year under the contract to determine whether the school is demonstrating adequate growth in pupil achievement. If the commissioner determines that the school is not demonstrating adequate growth in pupil achievement, the commissioner may either select an alternative person that qualifies under sub.

(d)2. to be responsible for the operation and general management of the school or select a governing body of a private school that qualifies under sub.

(d)3. to be responsible for the operation and general management of the school.

(c)Transfer the operation and general management of the school to the governing body of a private school pursuant to a 5-school-year contract with the governing body. If the commissioner proceeds under this paragraph, the commissioner may contract only with a not-for-profit governing body of a private school. Under the terms of the contract:

1. The governing body of a private school, and schools in the opportunity schools and partnership program operated by the governing body, shall be subject to the provisions of ss. 118.13 and 118.38 , other than s. 118.38

(a)9.

2. The governing body of a private school shall administer the examinations required under ss. 118.016 and 118.30

(1s)and shall submit achievement data of pupils attending the school directly to the commissioner, who shall submit that achievement data to the board.

3. The governing body of a private school may not charge tuition to pupils attending a school under the contract.

(d)3. to be responsible for the operation and general management of the school or select a person that qualifies under sub.

(d)2. to be responsible for the operation and general management of the school.

(d)Ensure that no school transferred to the opportunity schools and partnership program charges tuition to pupils.

(4)Achievement and assessment data. Upon receipt from an individual or group operating a school pursuant to sub.

(a), from a person operating a school pursuant to sub.

(b), or from the governing body of a private school operating a school under sub.

(c)of pupil achievement and assessment data, forward that data to the board.

(5)Employees; benefits.

(a)Select, hire, and employ staff. The commissioner may terminate staff if appropriate. The commissioner shall determine the compensation, duties, and qualifications of its staff. Individuals employed by the commissioner are not subject to subch. II of ch. 63 .

1. Take responsibility over the selection, hiring, employment, and termination of the principals, vice principals, and teachers in those schools transferred to the opportunity schools and partnership program. The commissioner shall assign all teachers within those schools and shall engage and assign substitute teachers at the per diem compensation fixed by the commissioner. If the commissioner transfers a school to the opportunity schools and partnership program, the commissioner may reassign the school’s staff members out of the school without regard to seniority in service, shall terminate all employees of the school who are employees of the school district operating under this chapter, and shall require any individual seeking to remain employed at the school to reapply for employment at the school.

Employees of the opportunity schools and partnership program are not employees of the board.

2. The commissioner may delegate school staffing decisions under subd. 1. to the individual or group operating the school under sub.

(a), the person operating the school under sub.

(b), or the governing body of a private school operating the school under sub.

(c).

3. Upon transfer of a school out of the opportunity schools and partnership program, reassign staff members of the school only in consultation with the board.

(c)Determine which of the following instruments will be used to provide health care and retirement benefits to the commissioner and the employees of the opportunity schools and partnership program, and schools transferred to the program, and take the necessary and appropriate steps to execute the selected instrument:

1. A memorandum of understanding with the board under which the commissioner may purchase health care and retirement benefits for the commissioner and all employees of the opportunity schools and partnership program and schools transferred to the program.

2. A memorandum of understanding with the secretary of employee trust funds under s. 40.03

(x)3. under which the commissioner may purchase health care and retirement benefits, with statutory contributions, for the commissioner and all employees of the opportunity schools and partnership program and schools transferred to the program.