(1)   Definitions. In this section:

Terms Used In Wisconsin Statutes 118.43

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Contract: A legal written agreement that becomes binding when signed.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 403.504
  • Promulgate: when used in connection with a rule, as defined under s. See Wisconsin Statutes 403.504
  • State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 403.504
  • Statute: A law passed by a legislature.
  • Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 403.504
      (a)    “Class size” means the number of pupils assigned to a regular classroom teacher on the 3rd Friday of September.
      (b)    “Low income” means pupils who satisfy the income eligibility criteria under 42 USC 1758 (b) (1).
   (2)   Eligibility; application.
      (a)    The school board of any school district in which a school in the previous school year had an enrollment that was at least 50 percent low-income is eligible to participate in the program under this section, except that a school board is eligible to participate in the program under this section in the 2000-01 school year if in the 1998-99 school year a school in the school district had an enrollment that was at least 0 percent low-income.
      (b)    In the 1996-97 school year, the school board of an eligible school district may enter into a 5-year achievement guarantee contract with the department on behalf of one school in the school district if all of the following apply:
         1.    In the previous school year, the school had an enrollment that was at least 30 percent low-income.
         2.    The school board is not receiving a grant under the preschool to grade 5 program on behalf of the school under s. 115.45, 2009 stats.
      (bg)    In the 1998-99 school year, the school board of an eligible school district may enter into a 5-year achievement guarantee contract with the department on behalf of one school in the school district if all of the following apply:
         1.    In the previous school year, the school had an enrollment that was at least 30 percent low-income.
         2.    The school board is not receiving a grant under the preschool to grade 5 program on behalf of the school under s. 115.45, 2009 stats.
      (br)    In the 2000-01 school year, the school board of an eligible school district may enter into a 5-year achievement guarantee contract with the department on behalf of one or more schools in the school district if all of the following apply:
         2.    The school board is not receiving a grant under the preschool to grade 5 program on behalf of any of the schools under s. 115.45, 2009 stats.
         3.    The school board, if eligible to participate in the program under this section in the 1996-97 and 1998-99 school years, had participated in the program during either school year.
         4.    None of the schools is a beneficiary of a contract under this section.
      (bt)    In the 2010-11 school year, the school board of an eligible school district may enter into a 5-year achievement guarantee contract with the department on behalf of one or more schools in the school district if all of the following apply:
         1.    In the previous school year, each school had an enrollment that was at least 30 percent low income.
         2.    The school board is not receiving a grant under the preschool to grade 5 program on behalf of any of the schools under s. 115.45, 2009 stats.
         3.    None of the schools is a beneficiary of a contract under this section.
      (bv)    In the 2011-12 school year, the school board of an eligible school district may enter into a 5-year achievement guarantee contract with the department on behalf of one or more schools in the school district if, in the 2010-11 school year, the school board received a grant under the preschool to grade 5 program on behalf of the schools under s. 115.45, 2009 stats.
      (c)    Notwithstanding pars. (b) and (bg), the school board of the school district operating under ch. 119 may enter into an achievement guarantee contract on behalf of up to 10 schools under par. (b) and up to 10 schools under par. (bg).
      (d)    If an eligible school district has more than one school that qualifies under par. (b), the school board shall apply on behalf of the school with the largest number of low-income pupils in grades kindergarten and one.
      (e)   
         1.    If the school board of an eligible school district does not enter into an achievement guarantee contract with the department, a school board that has entered into such a contract, other than the school board of the school district operating under ch. 119, may apply to the department to enter into such a contract on behalf of one or more schools that meet the requirements under par. (b), (bg) or (br).
         2.    If more than one school board applies under subd. 1., the department shall determine which school board to contract with based on the number of low-income pupils in grades kindergarten and one enrolled in the schools and on the balance of rural and urban school districts currently participating in the program.
      (f)    The department and a school board may agree to extend an achievement guarantee contract entered into or renewed in the 2010-11 school year for one year under existing contract terms.
      (g)    The department may renew an achievement guarantee contract under pars. (b), (bg), (br), (bt), and (bv) for one or more terms of 5 school years. Except as provided in sub. (3m), as a condition of receiving payments under a renewal of an achievement guarantee contract, a school board shall maintain the reduction of class size achieved during the last school year of the original achievement guarantee contract for the grades specified for the last school year of the contract.
   (3)   Contract requirements. Except as provided in pars. (am), (ar), (at), and (av) and sub. (3r), an achievement guarantee contract shall require the school board to do all of the following in each participating school:
      (a)    Class size. Reduce each class size to 15 in the following manner:
         1.    In the 1996-97 school year, in at least grades kindergarten and one.
         2.    In the 1997-98 school year, in at least grades kindergarten to 2.
         3.    In the 1998-99 to 2000-01 school years, in at least grades kindergarten to 3.
      (am)    Class size; additional contracts. For contracts that begin in the 1998-99 school year, reduce each class size to 15 in the following manner:
         1.    In the 1998-99 school year, in at least grades kindergarten and one.
         2.    In the 1999-2000 school year, in at least grades kindergarten to 2.
         3.    In the 2000-01 to 2002-03 school years, in at least grades kindergarten to 3.
      (ar)    Class size; additional contracts. For contracts that begin in the 2000-01 school year, reduce each class size to 15 in the following manner:
         1.    In the 2000-01 school year, in at least grades kindergarten and one.
         2.    In the 2001-02 school year, in at least grades kindergarten to 2.
         3.    In the 2002-03 to 2004-05 school years, in at least grades kindergarten to 3.
      (at)    Class size; additional contracts. For contracts that begin in the 2010-11 school year, reduce each class size to 18 in the following manner:
         1.    In the 2010-11 school year, in at least grades kindergarten and one.
         2.    In the 2011-12 school year, in at least grades kindergarten to 2.
         3.    In the 2012-13 to 2014-15 school years, in at least grades kindergarten to 3.
      (av)    Class size; additional contracts. For contracts that begin in the 2011-12 school year, reduce each class size to 18 in the following manner:
         1.    In the 2011-12 school year, in at least grades kindergarten and one.
         2.    In the 2012-13 school year, in at least grades kindergarten to 2.
         3.    In the 2013-14 to 2015-16 school years, in at least grades kindergarten to 3.
      (b)    Education and human services.
         1.    Keep the school open every day from early in the morning until late in the day, as specified in the contract.
         2.    Collaborate with community organizations to make educational and recreational opportunities, as well as a variety of community and social services, available in the school to all school district residents.
      (c)    Curriculum.
         1.    Provide a rigorous academic curriculum designed to improve pupil academic achievement.
         2.    In consultation with the department and with the participation of the school’s teachers and administrators and school district residents, review the school’s current curriculum to determine how well it promotes pupil academic achievement.
         3.    If necessary, outline any changes to the curriculum to improve pupil academic achievement.
      (d)    Staff development and accountability.
         1.    Develop a one-year program for all newly hired employees that helps them make the transition from their previous employment or school to their current employment.
         2.    Provide time for employees to collaborate and plan.
         3.    Require that each teacher and administrator submit to the school board a professional development plan that focuses on how the individual will help improve pupil academic achievement. The plan shall include a method by which the individual will receive evaluations on the success of his or her efforts from a variety of sources.
         4.    Regularly review staff development plans to determine if they are effective in helping to improve pupil academic achievement.
         5.    Establish an evaluation process for professional staff members that does all of the following:
            a.    Identifies individual strengths and weaknesses.
            b.    Clearly describes areas in need of improvement.
            c.    Includes a support plan that provides opportunities to learn and improve.
            d.    Systematically documents performance in accordance with the plan.
            e.    Allows professional staff members to comment on and contribute to revisions in the evaluation process.
            f.    Provides for the dismissal of professional staff members whose failure to learn and improve has been documented over a 2-year period.
   (3m)   Adjustment to class size.
      (a)    Beginning in the 2010-11 school year, notwithstanding sub. (3) (a), (am), and (ar), a school board operating under an achievement guarantee contract on May 27, 2010, may do any of the following:
         1.    Satisfy the class size limitation by reducing each class size in each school covered by the contract to no more than 18.
         2.    Combine 2 classes subject to the class size limitation in any school covered by the contract having at least 2 regular classroom teachers when the classes are combined if the combined class size is not greater than 30.
      (b)    A school board operating under an achievement guarantee contract entered into under sub. (3) (at) or (av) may combine 2 classes subject to the class size limitation in any school covered by the contract having at least 2 regular classroom teachers when the classes are combined if the combined class size is not greater than 30.
   (3r)   Adjustment to participating grades. A school district that has entered into or renewed an achievement guarantee contract under this section may, in one or more years covered by the contract, choose not to comply with the requirement to reduce class size in grades 2 or 3, or both, in one or more schools in the district.
   (4)   Other contract provisions. Each achievement guarantee contract shall include all of the following:
      (a)    A description of how the school will implement each of the elements under sub. (3), including any alternative class configurations for specific educational activities that may be used to meet the class size requirement under sub. (3).
      (b)    A description of the method that the school district will use to evaluate the academic achievement of the pupils enrolled in the school.
      (c)    A description of the school’s performance objectives for the academic achievement of the pupils enrolled in the school and the means that will be used to evaluate success in attaining the objectives. Performance objectives shall include all of the following:
         1.    Where applicable, improvement in the scores on the examination administered to pupils under s. 121.02 (1) (r).
         2.    The attainment of any educational goals adopted by the school board.
         3.    Professional development with the objective of improving pupil academic achievement.
         4.    Methods by which the school involves pupils, parents or guardians of pupils and other school district residents in decisions affecting the school.
      (d)   
         1.    Except as provided in subd. 2., a description of any statute or rule that is waived under s. 118.38 if the waiver is related to the contract.
         2.    No achievement guarantee contract entered into or renewed under sub. (2) may include a waiver of any requirement of or rule promulgated under the authority of this section.
      (e)    A description of the means by which the department will monitor compliance with the terms of the contract.
   (5)   Annual review; noncompliance.
      (a)    At the end of the 1996-97 school year, the department may terminate a contract if the department determines that the school board has failed to fully implement the provisions under sub. (3).
      (b)    Annually by June 30 through the 2003-04 school year, a committee consisting of the state superintendent, the chairpersons of the education committees in the senate and assembly and the individual chiefly responsible for the evaluation under sub. (7) shall review the progress made by each school for which an achievement guarantee contract has been entered into. The committee may recommend to the department that the department terminate a contract if the committee determines that the school board has violated the contract or if the school has made insufficient progress toward achieving its performance objectives under sub. (4) (c). The department may terminate the contract if it agrees with the committee’s recommendation.
   (6)   State aid.
      (a)    In this subsection, “amount appropriated” means the amount appropriated under s. 20.255 (2) (cu) in any fiscal year less $250,000.
      (b)    From the appropriation under s. 20.255 (2) (cu), the department shall pay to each school district that has entered into a contract with the department under this section an amount determined as follows:
         1.    In the 1996-97 school year, divide the amount appropriated by the number of low-income pupils enrolled in grades kindergarten and one in each school in this state covered by contracts under this section and multiply the quotient by the number of pupils enrolled in those grades in each school in the school district covered by contracts under this section.
         2.    In the 1997-98 school year, divide the amount appropriated by the number of low-income pupils enrolled in grades kindergarten to 2 in each school in this state covered by contracts under this section and multiply the quotient by the number of pupils enrolled in those grades in each school in the school district covered by contracts under this section.
         3.    In the 1998-99 school year, divide the amount appropriated by the sum of the number of low-income pupils enrolled in grades kindergarten to 3 in each school in this state covered by contracts under sub. (3) (a) and the number of low-income pupils enrolled in grades kindergarten and one in each school in this state covered by contracts under sub. (3) (am) and multiply the quotient by the number of pupils enrolled in those grades in each school in the school district covered by contracts under this section.
         4.    In the 1999-2000 school year, divide the amount appropriated by the sum of the number of low-income pupils enrolled in grades kindergarten to 3 in each school in this state covered by contracts under sub. (3) (a) and the number of low-income pupils enrolled in grades kindergarten to 2 in each school in this state covered by contracts under sub. (3) (am) and multiply the quotient by the number of pupils enrolled in those grades in each school in the school district covered by contracts under this section.
         6.    In the 2000-01 school year, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (a) and (am). After making these payments, the department shall pay school districts on behalf of schools that are covered by contracts under sub. (3) (ar) an amount equal to $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (ar). In making these payments, the department shall give priority to schools that have the highest percentage of low-income pupil enrollment and shall also ensure that it fully distributes the amount appropriated.
         7.    In the 2001-02 and 2002-03 school years, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (am) and by renewals of contracts under sub. (2) (g). After making these payments, the department shall pay school districts on behalf of schools that are covered by contracts under sub. (3) (ar), an amount equal to $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (ar).
         8.    In the 2003-04 and 2004-05 school years, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by contracts under sub. (3) (ar) and by renewals of contracts under sub. (2) (g).
         9.    In the 2005-06 and 2006-07 school years, $2,000 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by renewals of contracts under sub. (2) (g); and in the 2007-08, 2008-09, and 2009-10 school years, $2,250 multiplied by the number of low-income pupils enrolled in grades eligible for funding in each school in the school district covered by renewals of contracts under sub. (2) (g).
         10.    Beginning in the 2010-11 school year and ending in the 2015-16 school year, $2,250 multiplied by the number of low-income pupils enrolled in a grade eligible for funding, and in a class in which the class size has been reduced in the manner required under sub. (3) (a), (am), (ar), or (at) or permitted under sub. (3m), in each school in the school district covered by contracts under sub. (3) (at) and (av) and by renewals of contracts under sub. (2) (g).
         11.    For the 2016-17 school year and any subsequent school year, the amount determined under s. 118.44 (6) multiplied by the number of low-income pupils enrolled in a grade eligible for funding, and in a class in which the class size has been reduced in the manner required under sub. (3) (a), (am), (ar), or (at) or permitted under sub. (3m), in each school in the school district covered by renewals of contracts under sub. (2) (g).
      (d)    The school board shall use the aid under this section to satisfy the terms of the contract.
      (e)    The department shall cease payments under this section to any school district if the school board withdraws from the contract before the expiration of the contract.
   (6m)   Rules. The department shall promulgate rules to implement and administer the payment of state aid under sub. (6).
   (7)   Evaluation. Beginning in the 1996-97 school year and ending in the 2014-15 school year, the department shall arrange for an evaluation of the program under this section and shall allocate from the appropriation under s. 20.255 (2) (cu) $250,000 for that purpose.
   (8)   State aid for debt service.
      (a)    Beginning in the 2000-01 school year, a school district is eligible for aid under this subsection if it applies to the department for approval of the amount of bonds specified in the copy of the resolution under 1999 Wisconsin Act 9, section 9139 (2d). If the department approves the amount before June 30, 2001, the department shall, from the appropriation under s. 20.255 (2) (cs), pay each school district that issues bonds pursuant to a referendum under 1999 Wisconsin Act 9, section 9139 (2d), an amount equal to 20 percent of the annual debt service cost on the bonds. This subsection does not apply to the school district operating under ch. 119.
      (b)    The department shall promulgate rules to implement and administer this subsection.
   (9)   Sunset. No contract may be entered into or renewed under this section after July 3, 2015.