(1)   Except as provided in s. 118.40 (2r) (d), each school board shall:
      (a)   
         1.    Ensure that every teacher, supervisor, administrator and professional staff member holds a certificate, license or permit to teach issued by the department before entering on duties for such position.
         2.    Subject to s. 118.40 (8) (b) 2. and 3., ensure that all instructional staff of charter schools located in the school district hold a license or permit to teach issued by the department. For purposes of this subdivision, a virtual charter school is located in the school district specified in s. 118.40 (8) (a) and a charter school established under s. 118.40 (3) (c) 1. c. is located in the school district specified in s. 118.40 (3) (c) 1. c. The state superintendent shall promulgate rules defining “instructional staff” for purposes of this subdivision.
      (b)    Annually, establish with school board employees a professional staff development plan designed to meet the needs of individuals or curriculum areas in each school.
      (c)    Provide interventions or remedial reading services for a pupil in grades kindergarten to 4 if any of the following occurs:
         1.    The pupil fails to meet the reading objectives specified in the reading curriculum plan maintained by the school board under par. (k).
         2.    The pupil fails to score above the state minimum performance standard on the reading test under par. (r) and:
            a.    A teacher in the school district and the pupil’s parent or guardian agree that the pupil’s test performance accurately reflects the pupil’s reading ability; or
            b.    A teacher in the school district determines, based on other objective evidence of the pupil’s reading comprehension, that the pupil’s test performance accurately reflects the pupil’s reading ability.
         3.    The pupil’s reading assessment under s. 118.016 indicates that the pupil is at risk of reading difficulty. If this subdivision applies, the interventions or services provided the pupil shall be scientifically based and shall address all areas in which the pupil is deficient in a manner consistent with the state standards in reading and language arts.
      (d)    Operate a 5-year-old kindergarten program, except in union high school districts.
      (e)    Provide guidance and counseling services.
      (f)    Annually, schedule at least 437 hours of direct pupil instruction in kindergarten, at least 1,050 hours of direct pupil instruction in grades 1 to 6 and at least 1,137 hours of direct pupil instruction in grades 7 to 12. Scheduled hours under this paragraph include recess and time for pupils to transfer between classes but do not include the lunch period. Scheduled hours under this paragraph do not include hours of direct pupil instruction offered during an interim session. Scheduled hours under this paragraph may include hours on Saturdays. A school board operating a 4-year-old kindergarten program may use up to 87.5 of the scheduled hours for outreach activities.
      (g)    Provide for emergency nursing services.
      (h)    Provide adequate instructional materials, texts and library services which reflect the cultural diversity and pluralistic nature of American society.
      (i)    Provide safe and healthful facilities. The facilities shall comply with ss. 254.11 to 254.178 and any rule promulgated under those sections.
      (j)    Ensure that instruction in elementary and high schools in health, physical education, art and music is provided by qualified teachers.
      (k)   
         1.    Maintain a written, sequential curriculum plan in at least 3 of the following subject areas: reading, language arts, mathematics, social studies, science, health, computer literacy, environmental education, vocational education, physical education, art and music. The plan shall specify objectives, course content and resources and shall include a program evaluation method.
         2.    Maintain a written, sequential curriculum plan in at least 3 additional subject areas specified in subd. 1.
         3.    Maintain a written, sequential curriculum plan in all of the remaining subject areas specified in subd. 1.
      (L)   
         1.    In the elementary grades, provide regular instruction in reading, language arts, social studies, mathematics, science, health, physical education, art and music.
         2.    In grades 5 to 8, provide regular instruction in language arts, social studies, mathematics, science, health, physical education, art and music. The school board shall also provide pupils with an introduction to career exploration and planning.
         3.    In grades 9 to 12, provide access to an educational program that enables pupils each year to study English, social studies, mathematics, science, vocational education, foreign language, physical education, art and music. In this subdivision, “access” means an opportunity to study through school district course offerings, independent study, cooperative educational service agencies, or cooperative arrangements between school boards or between school boards and postsecondary educational institutions.
         4.    Beginning September 1, 1991, as part of the social studies curriculum, include instruction in the history, culture and tribal sovereignty of the federally recognized American Indian tribes and bands located in this state at least twice in the elementary grades and at least once in the high school grades.
         5.    Provide regular instruction in foreign language in grades 7 and 8 beginning in the 1996-97 school year.
         6.    In one of grades 5 to 8 and in one of grades 10 to 12, provide pupils with the instruction on shaken baby syndrome and impacted babies described in s. 253.15 (5).
      (m)    Provide access to an education for employment program approved by the state superintendent. Beginning in the 1997-98 school year, the program shall incorporate applied curricula; guidance and counseling services under par. (e); technical preparation under s. 118.34; college preparation; youth apprenticeship under s. 106.13 or other job training and work experience; and instruction in skills relating to employment. The state superintendent shall assist school boards in complying with this paragraph.
121.02 Cross-reference Cross-reference: See also ch. PI 26, Wis. adm. code.
      (n)    Develop a plan for children at risk under s. 118.153.
      (o)    Annually comply with the requirements of s. 115.38 (2). The school board may include additional information in the report under s. 115.38 (2).
      (p)    Comply with high school graduation standards under s. 118.33 (1).
      (q)    Evaluate, in writing, the performance of all certified school personnel at the end of their first year and at least every 3rd year thereafter.
      (r)    Except as provided in s. 118.40 (2r) (d) 2., annually administer a standardized reading test developed by the department to all pupils enrolled in the school district in grade 3, including pupils enrolled in charter schools located in the school district, except that if a charter school is established under s. 118.40 (3) (c) 1. c., the school board specified in s. 118.40 (3) (c) 1. c. shall administer the test to pupils enrolled in the charter school regardless of the location of the charter school.
      (s)    Administer the examinations as required under s. 118.30.
      (t)    Provide access to an appropriate program for pupils identified as gifted or talented.
   (1m)   A school district may provide for scoring the test administered under sub. (1) (r) or have it scored by the department. If the school district provides for scoring the test, the department shall reimburse the school district for the cost of scoring the test, not exceeding what the department’s cost would be to score the test. Costs of scoring the tests and reimbursing school districts for scoring the tests shall be paid from the appropriation under s. 20.255 (1) (a).
   (2)   In order to ensure compliance with the standards under sub. (1), the department shall conduct an inquiry into compliance with the standards upon receipt of a complaint and may, on its own initiative, conduct an audit of a school district.
   (3)   Prior to any finding that a school district is not in compliance with the standards under sub. (1), the state superintendent shall, upon request of the school board or upon receipt of a petition signed by the maximum number of electors allowed for nomination papers of school district officers under s. 8.10 (3) (i), (km) or (ks), conduct a public hearing in the school district. If the state superintendent, after the hearing, finds that the district is not in compliance with the standards, the state superintendent may develop with the school board a plan which describes methods of achieving compliance. The plan shall specify the time within which compliance shall be achieved. The state superintendent shall withhold up to 25 percent of state aid from any school district that fails to achieve compliance within the specified period.
   (4)   Any school district which is completely surrounded by water may meet the requirements of this section by being in substantial compliance with the standards in sub. (1). Annually by August 15, the school district shall submit to the state superintendent for approval a report describing the methods by which the school district intends to substantially comply with the standards. The state superintendent shall allow any such school district maximum flexibility in the school district’s substantial compliance plans.
   (5)   The state superintendent shall promulgate rules to implement and administer this section, including rules defining “regular instruction” for the purpose of sub. (1) (L) 1. and 2.