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Governor's office defends cap demand
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Times photo: Brian Gray The Assembly Education Committee, chaired by Rep. Brett Davis, R-Oregon, listens to Dan Schoof of Gov. Jim Doyles office Monday as he defends the governors demand for enrollment cap requirements for the states virtual schools.
MONROE - Rep. Brett Davis, R-Oregon, wanted answers Monday.

He wanted to know why Gov. Jim Doyle announced he would veto a bipartisan compromise virtual school bill if enrollment caps weren't included - just a few days before the Senate was scheduled to vote.

The Senate, Feb. 19, passed a bill that would require enrollment caps for virtual schools throughout the state.

Davis, one of the cosponsors of a compromise bill, along with Sen. John Lehman, D-Racine, said enrollment caps weren't in the agreed bill, nor were they mentioned during several hours of testimony before either the Assembly and Senate education committees.

At a public hearing Monday, Davis was able to get some answers from Dan Schoof, deputy secretary of administration in Doyle's office.

"The bill was done in a bipartisan fashion," Davis told Schoof. "Our (Assembly education) committee voted for it, and the Senate (education) committee voted for it."

Schoof said Doyle announced his plans to veto the bill, because too many questions remained unanswered.

"We thought it was reasonable to let kids and parents in schools now to continue and to allow siblings to attend (virtual schools)," he said.

The bill passed Feb. 19 would allow for students to enroll for virtual school classes next year and allow students now enrolled to attend the schools. It also would enable siblings of current students to enroll in the virtual schools.

Schoof said the Senate bill would allow the schools to continue next year, while the Legislature could look at other laws to govern virtual schools.

"Gov. Doyle thinks the caps are reasonable," Schoof said. "The primary purpose of the legislation (passed by the Senate) was to keep the schools open. We can have another debate in the future."

But Davis disagreed with Schoof. He said Doyle's actions would lock out students who want to attend virtual schools in the future.

"Special needs kids will be locked out if they don't have siblings already attending the virtual school," Davis said.

Davis said the bill would create the possibility that students wouldn't be able to go to the virtual schools in the future, because, if there are enrollment caps, some students would be left out.

Monroe has one of 12 virtual schools in the state. District Administrator Larry Brown said the district will be able to enroll as many students as it wants next year. There are about 400 students in the virtual school this year. The number of students enrolled in the virtual school in September of this year will be the number the district can have for the next two years if a freeze is put in place, Brown said.

While most of the questions between Schoof and the Republicans on the Education Committee were civil, there were moments of tension.

"Has Governor Doyle ever visited a virtual school or visited with the family of a student enrolled in a virtual school?" Davis asked.

Schoof said he didn't know if Doyle ever visited a virtual school.

Rep. Leah Vukmir, R-Wauwatosa, said Doyle had gone back on his word.

"Sen. Lehman and Rep. Davis worked out a compromise in good faith, and the governor turned his back on the agreement," she told Schoof. "It's disturbing we're here again. Especially with children and their education in the balance."

But Schoof defended Doyle's action and said no one went back on their word.

"You have to get the governor's approval before a bill is passed, and that was left out of the compromise," he said. "You should have worked out a compromise and then came back to the governor."

Schoof blamed lawmakers for failing to seek the governor's approval, which "basic civics class would teach you" is needed for a bill to become law.

Davis, however, said both he and Lehman and supporters of the bill were under the assumption they were working with the governor. Davis said the compromise legislation has the support of Wisconsin Superintendent of Schools Elizabeth Burmaster and the Wisconsin Association of School Boards.

Under questioning from Rep. John Townsend, R-Fond du Lac, Schoof said there was no way the governor would sign any legislation that didn't include enrollment caps.

"If you want to get a bill signed you'd think you would want the governor's opinion," Schoof said.

"Where is the compromise if the governor has drawn a line in the sand?" Townsend asked.

Democrats on the committee didn't see Doyle's action as the reason virtual school legislation was being held up. They blamed it on Davis.

Rep. Sandy Pope-Roberts, D-Middleton, said Davis was "standing in the way" of getting legislation passed.

Rep. Kim Hixson, D-Whitewater, said the Senate passed a bill and the Assembly could vote for the same bill, if it wanted.

"Having another bill suggests Rep. Davis isn't willing to compromise," Hixson said.

Davis said this morning he thought the meeting went well but still wonders why Doyle included enrollment caps.

"We had five and half hours of testimony (Monday) and no one was able to answer why caps are necessary," he said. He said the governor's actions only will hamstring virtual school legislation.

Davis plans to hold a committee vote today. The bill the committee votes on is the same bill negotiated earlier with Lehman, Davis said, except there is an audit of the virtual schools added. It does not include enrollment caps.

Davis said an audit will show exactly how money for virtual schools is spent and where the students come from. He said virtual schools have nothing to hide, and the audit will show the schools are run properly.

If the bill passes the committee, it could be voted on Thursday by the Assembly, Davis said. Then, negotiations between Doyle's office, the Senate and the Assembly will begin.

The Assembly Education Committeei includes six Republicans and four Democrats.

Wisconsin Education Association Council Executive Director Dan Burkhalter said the Assembly should pass the Senate's version of the bill.

"An audit and a cap will give the state the information and time it needs to make common-sense adjustments to open enrollment and other laws suitable to a virtual charter school world," he told the committee.

Virtual schools allow students to learn from home under the guidance of their parents and instructors who teach over the Internet.