State › Wisconsin
Wisconsin's charter law was passed in 1993. As of 2009-10, there are 224 charter schools operating, serving an estimated 38,005 students. Outside of Milwaukee, the law only allows local school boards to serve as authorizers (and allows the University of Wisconsin-Parkside to sponsor one charter school in the Racine School District). In Milwaukee, the law allows the local school board, city of Milwaukee, University of Wisconsin-Milwaukee, and the Milwaukee Area Technical College to serve as authorizers.
Wisconsin law is generally cap-free with two exceptions.
Wisconsin law needs a major overhaul in several areas, including: providing additional authorizing options for charter applicants outside of Milwaukee, ensuring authorizer accountability, providing adequate authorizer funding, beefing up the law in relation to the model law's four "quality control" components, increasing operational autonomy, and ensuring equitable operational funding and equitable access to capital funding and facilities.
How does this state compare to the model law?
| Model Law Component | Matches | Wisconsin's Charter Law | Scoring |
|---|---|---|---|
|
No Caps |
Wisconsin law provides that the number of students attending virtual charters may not exceed 5,250. It also provides that the University of Wisconsin-Parkside may only sponsor one charter school in the Racine School District that may not enroll more than 480 students. |
3
The state has a cap with room for ample growth. OR The state does not have a cap, but allows districts to restrict growth.
3
9
|
|
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1A. No limits are placed on the number of public charter schools or students (and no geographic limits). |
No | ||
|
1B. If caps exist, adequate room for growth. |
Yes | ||
|
A Variety of Public Charter Schools Allowed |
Wisconsin law allows new start-ups, conversions, and virtual schools. In law and practice, the state further classifies charters into instrumentality charter schools (which are authorized by school districts and whose staff are employees of the school district), non-instrumentality charter schools (which are authorized by school districts and whose staff are not employees of the school district), and independent charter schools (which are authorized by non-district entities). |
4
The state allows new start-ups, public school conversions, and virtual schools.
1
4
|
|
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2A. New start-ups. |
Yes | ||
|
2B. Public school conversions. |
Yes | ||
|
2C. Virtual schools. |
Yes | ||
|
Multiple Authorizers Available |
Outside of Milwaukee, the law only allows local school boards to serve as authorizers. In addition, it allows the University of Wisconsin-Parkside to sponsor one charter school in the Racine School District. In Milwaukee, the law allows the local school board, city of Milwaukee, University of Wisconsin-Milwaukee, and the Milwaukee Area Technical College to serve as authorizers. |
2
The state has only a single viable authorizer option available, and there is considerable authorizing activity. OR The state allows two or more viable authorizing options for applicants in some but not all jurisdictions OR The state allows two or more viable authorizing options for applicants but the authorizing activities of such entities is limited.
3
6
|
|
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3A. Two or more viable authorizing options for each applicant with direct application allowed to each authorizing option. |
Some | ||
|
Authorizer and Overall Program Accountability System Required |
Wisconsin law includes none of the elements of the model law's authorizer and overall program accountability system. |
0
The state law includes none of the elements of the model law's authorizer and overall program accountability system.
3
0
|
|
|
4A. At least a registration process for local school boards to affirm their interest in chartering to the state. |
No | ||
|
4B. Application process for other eligible authorizing entities. |
No | ||
|
4C. Authorizer submission of annual report, which summarizes the agency's authorizing activities as well as the performance of its school portfolio. |
No | ||
|
4D. A regular review process by authorizer oversight body. |
No | ||
|
4E. Authorizer oversight body with authority to sanction authorizers, including removal of authorizer right to approve schools. |
No | ||
|
4F. Periodic formal evaluation of overall state charter school program and outcomes. |
No | ||
|
Adequate Authorizer Funding |
Wisconsin law includes none of the model law's provisions for adequate authorizer funding. |
0
The state law includes none of the model law's provisions for adequate authorizer funding.
2
0
|
|
|
5A. Adequate funding from authorizing fees (or other sources). |
No | ||
|
5B. Guaranteed funding from authorizing fees (or from sources not subject to annual legislative appropriations). |
No | ||
|
5C. Requirement to publicly report detailed authorizer expenditures. |
No | ||
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5D. Separate contract for any services purchased from an authorizer by a school. |
No | ||
|
5E. Prohibition on authorizers requiring schools to purchase services from them. |
No | ||
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Transparent Charter Application, Review, and Decision-making Processes |
Wisconsin law requires application elements for all schools. |
1
The state law includes a small number of the model law's provisions for transparent charter application, review, and decision-making processes.
4
4
|
|
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6A. Application elements for all schools. |
Yes | ||
|
6B. Additional application elements specific to conversion schools. |
No | ||
|
6C. Additional application elements specific to virtual schools. |
Yes | ||
|
6D. Additional application elements specific when using educational service providers. |
No | ||
|
6E. Additional application elements specific to replications. |
No | ||
|
6F. Authorizer-issued request for proposals (including application requirements and approval criteria). |
No | ||
|
6G. Thorough evaluation of each application including an in-person interview and a public meeting. |
No | ||
|
6H. All charter approval or denial decisions made in a public meeting, with authorizers stating reasons for denials in writing. |
No | ||
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Performance-Based Charter Contracts Required |
Under Wisconsin law, charter contracts exist as separate documents from the application and are between the authorizer and governing board of a charter school, but the requirements only concern school roles, powers, and responsibilities and don't address authorizer roles, powers, and responsibilities. |
2
The state law requires charter contracts with some of the model law's provisions for performance-based charter contracts.
4
8
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7A. Being created as a separate document from the application and executed by the governing board of the charter school and the authorizer. |
Yes | ||
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7B. Defining the roles, powers, and responsibilities for the school and its authorizer. |
Some | ||
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7C. Defining academic and operational performance expectations by which the school will be judged, based on a performance framework that includes measures and metrics for, at a minimum, student academic proficiency and growth, achievement gaps, attendance, recurrent enrollment, postsecondary readiness (high schools), financial performance, and board stewardship (including compliance). |
No | ||
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7D. Providing an initial term of five operating years (or a longer term with periodic high-stakes reviews). |
Yes | ||
|
7E. Including requirements addressing the unique environments of virtual schools, if applicable. |
No | ||
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Comprehensive Charter School Monitoring and Data Collection Processes |
Wisconsin law requires that the charter petition specify the manner in which annual financial audits will be performed. |
1
The state law includes a small number of the model law's provisions for comprehensive charter school monitoring and data collection processes.
4
4
|
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8A. The collection and analysis of student outcome data at least annually by authorizers (consistent with performance framework outlined in the contract). |
No | ||
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8B. Financial accountability for charter schools (e.g., Generally Accepted Accounting Principles, independent annual audit reported to authorizer). |
Yes | ||
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8C. Authorizer authority to conduct or require oversight activities. |
No | ||
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8D. Annual school performance reports produced and made public by each authorizer. |
No | ||
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8E. Authorizer notification to their schools of perceived problems, with opportunities to remedy such problems. |
No | ||
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8F. Authorizer authority to take appropriate corrective actions or exercise sanctions short of revocation. |
No | ||
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Clear Processes for Renewal, Nonrenewal, and Revocation Decisions |
Under Wisconsin law, a charter may be revoked for violating its contract, if the pupils enrolled in the charter school failed to make sufficient progress toward attaining the state education goals, for failing to comply with generally accepted accounting standards of fiscal management, or for violating the state's charter school law. |
1
The state law includes a small number of the model law's clear processes for renewal, nonrenewal, and revocation decisions.
4
4
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|
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9A. Authorizer must issue school performance renewal reports to schools whose charter will expire the following year. |
No | ||
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9B. Schools seeking renewal must apply for it. |
No | ||
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9C. Authorizers must issue renewal application guidance that provides an opportunity for schools to augment their performance record and discuss improvements and future plans. |
No | ||
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9D. Clear criteria for renewal and nonrenewal/revocation. |
Some | ||
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9E. Authorizers must ground renewal decisions based on evidence regarding the school's performance over the term of the charter contract (in accordance with the performance framework set forth in the charter contract). |
No | ||
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9F. Authorizer authority to vary length of charter renewal contract terms based on performance or other issues. |
No | ||
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9G. Authorizers must provide charter schools with timely notification of potential revocation or non-renewal (including reasons) and reasonable time to respond. |
No | ||
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9H. Authorizers must provide charter schools with due process for nonrenewal and revocation decisions (e.g., public hearing, submission of evidence). |
No | ||
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9I. All charter renewal, non-renewal, and revocation decisions made in a public meeting, with authorizers stating reasons for non-renewals and revocations in writing. |
No | ||
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9J. Authorizers must have school closure protocols to ensure timely parent notification, orderly student and record transitions, and property and asset disposition. |
No | ||
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Educational Service Providers Allowed |
Wisconsin law allows education service providers. However, the City of Milwaukee cannot authorize a for-profit Charter School unless it becomes an Instrumentality of MPS. |
2
The state law explicitly allows contracting with all types of educational service providers but does not include provisions regarding performance contracts and conflicts of interest.
2
4
|
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10A. All types of educational service providers to operate all or parts of charter schools. |
Yes | ||
|
10B. A performance contract between the independent public charter school board and the service provider is required. |
No | ||
|
10C. Existing and potential conflicts of interest between the two entities are required to be disclosed and explained in application. |
No | ||
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Fiscally and Legally Autonomous Schools, with Independent Public Charter School Boards |
Wisconsin law grants some fiscal and legal autonomy to non-district authorized schools and to district-authorized non-instrumentality schools, but not to district-authorized instrumentality schools. It provides that non-district authorized schools and district-authorized non-instrumentality schools employ their own teachers, but district-authorized instrumentality schools do not. |
1
The state law includes a small number of the model law's provisions for fiscally and legally autonomous schools with independent public charter school boards.
3
3
|
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11A. Fiscally and legally autonomous schools (e.g., schools have authority to receive and disburse funds, enter into contracts, and sue and be sued in their own names). |
Some | ||
|
11B. School governing boards independent of the authorizer and created specifically to govern their charter school(s). |
No | ||
|
Clear Student Recruitment, Enrollment and Lottery Procedures |
Wisconsin law allows charter schools authorized by local school boards to provide open enrollment to any student in the state. It requires charter schools authorized by a city, university, or technical college to provide enrollment only to those students located in the school district where the charter school is established. |
1
The state law includes a small number of the model law's requirements for student recruitment, enrollment, and lottery procedures.
1
1
|
|
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12A. Open enrollment to any student in the state. |
Some | ||
|
12B. Lottery requirements. |
No | ||
|
12C. Required enrollment preferences for previously enrolled students within conversions, prior year students within chartered schools, and siblings of enrolled students enrolled at a charter school. |
Some | ||
|
12D. Optional enrollment preference for children of a school's founders, governing board members, and full-time employees, not exceeding 10% of the school's total student population. |
No | ||
|
Automatic Exemptions from Many State and District Laws and Regulations |
Wisconsin law provides that a charter school authorized by a city, university, or technical college receives an automatic waiver from state and district education laws, regulations and policies, while a charter school that is authorized by a local school board receives an automatic waiver from state education laws, regulations and policies, but not from school district education laws, regulations and policies. |
2
The state law provides automatic exemptions from many state and district laws and regulations and requires all of a school's teachers to be certified. OR The state law provides automatic exemptions from many state and district laws and regulations and requires all of a school's teachers to be certified for some charters and requires some of a school's teachers to be certified for other charters. OR The state law allows schools to apply for exemptions from state and district laws and requires some of a school's teachers to be certified. OR The state law allows schools to apply for exemptions from state and district laws, including from certification requirements. OR The state law provides automatic exemptions from many state and district laws and regulations for some schools but not others and requires all of a school's teachers to be certified but provides exceptions. OR The state law provides some flexibility from state and district laws and regulations for some schools but less for others and does not require any of a school's teachers to be certified.
3
6
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13A. Exemptions from all laws, except those covering health, safety, civil rights, student accountability, employee criminal history checks, open meetings, freedom of information, and generally accepted accounting principles. |
Some | ||
|
13B. Exemption from state teacher certification requirements. |
Some | ||
|
Automatic Collective Bargaining Exemption |
Under Wisconsin law, charter schools authorized by non-local board authorizers are exempt from participation in any outside collective bargaining agreements, while those authorized by local school boards are not exempt from participation in any district collective bargaining agreements. |
2
The state law exempts some schools from existing collective bargaining agreements, but not others.
3
6
|
|
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14A. Charter schools authorized by non-local board authorizers are exempt from participation in district collective bargaining agreements. |
Yes | ||
|
14B. Charter schools authorized by local boards are exempt from participation in district collective bargaining agreements. |
No | ||
|
Multi-School Charter Contracts and/or Multi-Charter Contract Boards Allowed |
Wisconsin law is silent regarding these arrangements. |
1
The state law is silent regarding these arrangements. OR The state law explicitly allows either of these arrangements but does not require each school to be independently accountable for fiscal and academic performance. OR The state law explicitly allows these arrangements for some schools but not others.
1
1
|
|
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15A. Oversee multiple schools linked under a single contract with independent fiscal and academic accountability for each school. |
No | ||
|
15B. Hold multiple charter contracts with independent fiscal and academic accountability for each school. |
No | ||
|
Extra-Curricular and Interscholastic Activities Eligibility and Access |
Wisconsin law is silent on this issue. In practice, however, there is an agreement with the Wisconsin Interscholastics Athletic Association to allow charter school participation. |
1
The state law is silent about charter eligibility and access.
1
1
|
|
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16A. Laws or regulations explicitly state that charter school students and employees are eligible to participate in all interscholastic leagues, competitions, awards, scholarships, and recognition programs available to non-charter public school students and employees. |
No | ||
|
16B. Laws or regulations explicitly allow charter school students in schools not providing extra-curricular and interscholastic activities to have access to those activities at non-charter public schools for a fee by a mutual agreement. |
No | ||
|
Clear Identification of Special Education Responsibilities |
Wisconsin law addresses special education, but is unclear about responsibility for providing services and funding for low-incident, high- cost services. In practice, however, a charter school authorized by a city, university, or technical college is its own LEA. A charter school that is sponsored by a local school board may be either part of the school district LEA that authorized it or its own LEA. |
1
The state law addresses special education, but is unclear about responsibility for providing services and funding for low-incident, high- cost services.
2
2
|
|
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17A. Clarity regarding which entity is the local education agency (LEA) responsible for providing special education services. |
Some | ||
|
17B. Clarity regarding funding for low-incident, high-cost services for charter schools (in the same amount and/or in a manner similar to other LEAs). |
Some | ||
|
Equitable Operational Funding and Equal Access to All State and Federal Categorical Funding |
Wisconsin law establishes a funding system specific to funding charter schools. On average, charters in Wisconsin receive 70% compared to traditional public schools. |
1
The state law includes a small number of the model law's provisions for equitable operational funding and equal access to all state and federal categorical funding.
3
3
|
|
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18A. Equitable operational funding statutorily driven. |
Some | ||
|
18B. Equal access to all applicable categorical federal and state funding, and clear guidance on the pass-through of such funds. |
No | ||
|
18C. Funding for transportation similar to school districts. |
No | ||
|
Equitable Access to Capital Funding and Facilities |
Wisconsin law provides that charter schools are eligible to receive tax-exempt financing from the Wisconsin Health and Educational Facilities Authority and various city redevelopment agencies. |
1
The state law includes a small number of the model law's provisions for equitable access to capital funding and facilities.
3
3
|
|
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19A. A per-pupil facilities allowance which annually reflects actual average district capital costs. |
No | ||
|
19B. A state grant program for charter school facilities. |
No | ||
|
19C. A state loan program for charter school facilities. |
No | ||
|
19D. Equal access to tax-exempt bonding authorities or allow charter schools to have their own bonding authority. |
Yes | ||
|
19E. A mechanism to provide credit enhancement for public charter school facilities. |
No | ||
|
19F. Equal access to existing state facilities programs available to non-charter public schools. |
No | ||
|
19G. Right of first refusal to purchase or lease at or below fair market value a closed, unused, or underused public school facility or property. |
No | ||
|
19H. Prohibition of facility-related requirements stricter than those applied to traditional public schools. |
No | ||
|
Access to Relevant Employee Retirement Systems |
Under Wisconsin law, only those charter schools that are part of a school district are eligible to participate in the state retirement system. |
1
The state law requires participation in the relevant employee retirement systems for some schools, but denies access to these systems for other schools.
2
2
|
|
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20A. Charter schools have access to relevant state retirement systems available to other public schools. |
Some | ||
|
20B. Charter schools have the option to participate (i.e., not required). |
No |