AB986, s. 13 3Section 13. 118.30 (2) (b) 5. of the statutes is created to read:
AB986,10,64 118.30 (2) (b) 5. Upon the request of a pupil's parent or guardian, the governing
5body of a private school participating in the program under s. 119.23 shall excuse the
6pupil from taking an examination administered under sub. (1s).
AB986, s. 14 7Section 14. 118.30 (6) of the statutes is amended to read:
AB986,10,178 118.30 (6) A school board and, an operator of a charter school under s. 118.40
9(2r), and the governing body of a private school participating in the program under
10s. 119.23
is not required to administer the 4th and 8th grade examinations adopted
11or approved by the state superintendent under sub. (1) if the school board or, the
12operator of the charter school, or the governing body of the private school administers
13its own 4th and 8th grade examinations, the school board or , operator of the charter
14school, or governing body of the private school provides the state superintendent
15with statistical correlations of those examinations with the examinations adopted or
16approved by the state superintendent under sub. (1), and the federal department of
17education approves.
AB986, s. 15 18Section 15. 118.33 (1) (f) 2m. of the statutes is created to read:
AB986,10,2319 118.33 (1) (f) 2m. The governing body of each private school participating in the
20program under s. 119.23 shall develop a policy specifying criteria for granting a high
21school diploma to pupils attending the private school under s. 119.23. The criteria
22shall include the pupil's academic performance and the recommendations of
23teachers.
AB986, s. 16 24Section 16. 118.33 (1) (f) 3. of the statutes is amended to read:
AB986,11,8
1118.33 (1) (f) 3. Beginning on September 1, 2005, neither a school board nor an
2operator of a charter school under s. 118.40 (2r) may grant a high school diploma to
3any pupil unless the pupil has satisfied the criteria specified in the school board's or
4charter school's policy under subd. 1. or 2. Beginning on September 1, 2005, the
5governing body of a private school participating in the program under s. 119.23 may
6not grant a high school diploma to any pupil attending the private school under s.
7119.23 unless the pupil has satisfied the criteria specified in the governing body's
8policy under subd. 2m.
AB986, s. 17 9Section 17. 118.33 (6) (c) of the statutes is created to read:
AB986,11,1810 118.33 (6) (c) 1. The governing body of each private school participating in the
11program under s. 119.23 shall adopt a written policy specifying criteria for promoting
12a pupil who is attending the private school under s. 119.23 from the 4th grade to the
135th grade and from the 8th grade to the 9th grade. The criteria shall include the
14pupil's score on the examination administered under s. 118.30 (1s) (a) or (am), unless
15the pupil has been excused from taking the examination under s. 118.30 (2) (b); the
16pupil's academic performance; the recommendations of teachers, which shall be
17based solely on the pupil's academic performance; and any other academic criteria
18specified by the governing body of the private school.
AB986,11,2419 2. Beginning on September 1, 2005, the governing body of a private school
20participating in the program under s. 119.23 may not promote a 4th grade pupil who
21is attending the private school under s. 119.23 to the 5th grade, and may not promote
22an 8th grade pupil who is attending the private school under s. 119.23 to the 9th
23grade, unless the pupil satisfies the criteria for promotion specified in the governing
24body's policy under subd. 1.
AB986, s. 18 25Section 18. 118.40 (2r) (c) 1. of the statutes is amended to read:
AB986,12,3
1118.40 (2r) (c) 1. Only Except as provided in subds. 3., 4., and 5., only pupils
2who reside in the school district in which a charter school established under this
3subsection is located may attend the charter school.
AB986, s. 19 4Section 19. 118.40 (2r) (c) 2. of the statutes is repealed.
AB986, s. 20 5Section 20. 118.40 (2r) (c) 3. of the statutes is created to read:
AB986,12,86 118.40 (2r) (c) 3. A pupil may attend Woodlands School, a charter school
7established in the school district operating under ch. 119 under this subsection,
8regardless of the pupil's school district of residence, if any of the following applies:
AB986,12,109 a. The pupil attended Woodlands School in the 2003-04 school year and,
10beginning in the 2005-06 school year, in the previous school year.
AB986,12,1211 b. The pupil's sibling attended Woodlands School in the 2003-04 school year
12and in the school year of the pupil's initial attendance.
AB986, s. 21 13Section 21. 118.40 (2r) (c) 4. of the statutes is created to read:
AB986,12,1714 118.40 (2r) (c) 4. A pupil may attend Marva Collins Preparatory School of
15Wisconsin, a charter school established in the school district operating under ch. 119
16under this subsection, regardless of the pupil's school district of residence, if any of
17the following applies:
AB986,12,1918 a. The pupil attended Marva Collins Preparatory School of Wisconsin before
19the 2002-03 school year.
AB986,12,2120 b. The pupil's sibling attended Marva Collins Preparatory School of Wisconsin
21before the 2002-03 school year and in the school year of the pupil's initial attendance.
AB986, s. 22 22Section 22. 118.40 (2r) (c) 5. of the statutes is created to read:
AB986,12,2523 118.40 (2r) (c) 5. A pupil may attend D.L. Hines Academy, a charter school
24established in the school district operating under ch. 119 under this subsection,
25regardless of the pupil's school district of residence, if any of the following applies:
AB986,13,1
1a. The pupil attended D.L. Hines Academy before the 2002-03 school year.
AB986,13,32 b. The pupil's sibling attended D.L. Hines Academy before the 2002-03 school
3year and in the school year of the pupil's initial attendance.
AB986, s. 23 4Section 23. 118.40 (2r) (cm) of the statutes is renumbered 118.40 (2r) (cm) 1.
5and amended to read:
AB986,13,96 118.40 (2r) (cm) 1. The chancellor of the University of Wisconsin-Parkside may
7establish or enter into a contract for the establishment of only one charter school
8under this subsection, which may not operate high school grades and which may not
9accommodate more than 400 480 pupils.
AB986, s. 24 10Section 24. 118.40 (2r) (cm) 2. of the statutes is created to read:
AB986,13,1311 118.40 (2r) (cm) 2. None of the entities under par. (b) 1. a., b., or d. may
12establish, or enter into a contract for the establishment of, a new charter school after
13the effective date of this subdivision .... [revisor inserts date].
AB986, s. 25 14Section 25. 118.43 (6) (b) (intro.) of the statutes is amended to read:
AB986,13,1815 118.43 (6) (b) (intro.) From the appropriations under s. 20.255 (2) (cu) and (cv),
16subject to par. (c), the department shall pay to each school district that has entered
17into a contract with the department under this section an amount determined as
18follows:
AB986, s. 26 19Section 26. 118.43 (6) (b) 8. of the statutes is amended to read:
AB986,13,2320 118.43 (6) (b) 8. In the 2003-04 and 2004-05 school years year, $2,000
21multiplied by the number of low-income pupils enrolled in grades eligible for funding
22in each school in the school district covered by contracts under sub. (3) (ar) and by
23renewals of contracts under sub. (2) (g).
AB986, s. 27 24Section 27. 118.43 (6) (b) 9. of the statutes is created to read:
AB986,14,4
1118.43 (6) (b) 9. In the 2004-05 school year and in each school year thereafter,
2$2,500 multiplied by the number of low-income pupils enrolled in grades eligible for
3funding in each school in the school district covered by contracts under sub. (3) (ar)
4and by renewals of contracts under sub. (2) (g).
AB986, s. 28 5Section 28. 118.43 (6) (c) of the statutes is repealed.
AB986, s. 29 6Section 29. 118.43 (6) (d) of the statutes is amended to read:
AB986,14,107 118.43 (6) (d) The school board shall use the aid under this section to satisfy
8the terms of the contract, except that the school board may use any unexpended
9moneys that are not necessary to satisfy the terms of the contract to assist other
10schools to satisfy the terms of a contract covering the other schools
.
AB986, s. 30 11Section 30. 119.23 (1) (a) of the statutes is renumbered 119.23 (1) (ar).
AB986, s. 31 12Section 31. 119.23 (1) (am) of the statutes is created to read:
AB986,14,1513 119.23 (1) (am) "Instructional staff" means professional employees who have
14as part of their responsibilities direct contact with pupils or with the instructional
15program of the private school, and employees who supervise such employees.
AB986, s. 32 16Section 32. 119.23 (2) (a) 1. of the statutes is amended to read:
AB986,15,417 119.23 (2) (a) 1. The pupil is a member of a family that has a total family income
18that does not exceed an amount equal to 1.75 times the poverty level determined in
19accordance with criteria established by the director of the federal office of
20management and budget. A pupil attending a private school under this section
21whose family income increases may continue to attend a private school under this
22section if the pupil is a member of a family that has a total family income that does
23not exceed an amount equal to 2.2 times the poverty level determined in accordance
24with criteria established by the director of the federal office of management and
25budget. For purposes of admission to a private school under this section, siblings of

1pupils attending a private school under this section are subject to the higher income
2limit. If a pupil attending a private school under this section ceases to attend a
3private school under this section, the lower income limit applies unless the pupil is
4a sibling of a pupil attending a private school under this section.
AB986, s. 33 5Section 33. 119.23 (2) (a) 2. of the statutes is repealed.
AB986, s. 34 6Section 34. 119.23 (2) (b) of the statutes is amended to read:
AB986,15,117 119.23 (2) (b) No more than 15% 15.5 percent of the school district's
8membership may attend private schools under this section. If in any school year
9there are more spaces available in the participating private schools than the
10maximum number of pupils allowed to participate, the department shall prorate the
11number of spaces available at each participating private school.
AB986, s. 35 12Section 35. 119.23 (7) (am) of the statutes is renumbered 119.23 (7) (am)
13(intro.) and amended to read:
AB986,15,1814 119.23 (7) (am) (intro.) Each private school participating in the program under
15this section is subject to uniform financial accounting standards established by the
16department and annually. Annually by September 1 following a school year in which
17a private school participated in the program under this section, the private school

18shall submit to the department an all of the following:
AB986,15,21 191. An independent financial audit of the private school conducted by a certified
20public accountant, accompanied by the auditor's statement that the report is free of
21material misstatements and fairly presents pupil costs under sub. (4) (b) 1
.
AB986, s. 36 22Section 36. 119.23 (7) (am) 2. and 3. of the statutes are created to read:
AB986,15,2423 119.23 (7) (am) 2. Evidence of sound fiscal practices, as prescribed by the
24department by rule.
AB986,16,2
13. Certification by the auditor under subd. 1. that criminal background checks
2of all employees were conducted as specified under par. (d) 2.
AB986, s. 37 3Section 37. 119.23 (7) (b) of the statutes is repealed.
AB986, s. 38 4Section 38. 119.23 (7) (d) of the statutes is created to read:
AB986,16,65 119.23 (7) (d) Each private school participating in the program under this
6section shall submit to the department all of the following:
AB986,16,97 1. By August 1 before the first school term of participation in the program, or
8by May 1 if the private school begins participating in the program during summer
9school, all of the following:
AB986,16,1510 a. A copy of the school's current certificate of occupancy issued by the city. If
11the private school moves to a new location, the private school shall submit a copy of
12the new certificate of occupancy issued by the city to the department before the
13attendance of pupils at the new location and before the next succeeding date specified
14in s. 121.05 (1) (a). A temporary certificate of occupancy does not meet the
15requirement of this subd. 1. a.
AB986,16,1616 b. Evidence of financial viability, as prescribed by the department by rule.
AB986,16,1817 c. Proof that the private school's administrator has participated in a fiscal
18management training program approved by the department.
AB986,17,219 2. Annually by February 1, a notarized statement by a person legally
20authorized to act on behalf of the private school that the private school will conduct
21a criminal background check through the department of justice on each individual
22who will be employed by the private school in the following school year. If the
23individual is a nonresident, the department of justice may provide for the submission
24of information to the federal bureau of investigation for the purposes of verifying the

1identity of the individual and obtaining records of his or her criminal arrest and
2conviction.
AB986, s. 39 3Section 39. 119.23 (7) (e) of the statutes is created to read:
AB986,17,114 119.23 (7) (e) 1. Notwithstanding subch. II of ch. 111, except as provided in
5subd. 2. a private school participating in the program under this section may not
6employ as instructional staff an individual convicted of any Class A, B, C, D, E, F, G,
7or H felony under ch. 940 or 948, except ss. 940.08 and 940.205, or of any Class BC
8felony under ch. 940 or 948, 1999 stats., for 6 years following the date of the
9conviction, and may employ as instructional staff such an individual after 6 years
10only if the individual establishes by clear and convincing evidence that he or she is
11entitled to be employed.
AB986,17,1612 2. A private school participating in the program under this section may employ
13as instructional staff an individual convicted of a crime enumerated in subd. 1., prior
14to the expiration of the 6-year period following the conviction, if the private school
15receives from the court in which the conviction occurred a certificate stating that the
16conviction has been reversed, set aside, or vacated.
AB986, s. 40 17Section 40. 119.23 (7m) of the statutes is created to read:
AB986,17,1918 119.23 (7m) The governing body of each private school participating in the
19program under this section shall do all of the following:
AB986,17,2320 (a) Permit public inspection and copying of any record, as defined in s. 19.32
21(2), of the private school to the same extent as is required of, and subject to the same
22terms and enforcement provisions that apply to, an authority under subch. II of ch.
2319.
AB986,18,3
1(b) Provide public access to its meetings to the same extent as is required of,
2and subject to the same terms and enforcement provisions that apply to, a
3governmental body under subch. V of ch. 19.
AB986,18,54 (c) Administer to the pupils attending the 3rd grade in the private school under
5this section a standardized reading test developed by the department.
AB986, s. 41 6Section 41. 119.23 (9) of the statutes is created to read:
AB986,18,167 119.23 (9) The legislative audit bureau shall conduct a longitudinal study, of
8up to 12 years in length, of the program under this section if the bureau receives
9sufficient moneys, other than general purpose revenue, for the study. The study shall
10use standardized examinations used by the school district operating under this
11chapter, and shall review graduation rates and other indicators of academic
12achievement of the pupils attending private schools under this section. The results
13of the study shall be submitted to the joint legislative audit committee and to the
14appropriate standing committees of the legislature annually over the 12-year period
15in the manner provided under s. 13.172 (3), with the first report due by October 1,
162005, and with a comprehensive review and interim report due by October 1, 2010.
AB986, s. 42 17Section 42. 119.23 (10) of the statutes is created to read:
AB986,18,2118 119.23 (10) (a) The state superintendent may issue an order barring a private
19school from participating in the program under this section in the succeeding school
20year if the state superintendent determines that the private school has done any of
21the following:
AB986,18,2222 1. Misrepresented information required under sub. (7) (d).
AB986,18,2423 2. Failed to provide the notice required under sub. (2) (a) 3., or the information
24required under sub. (7) (am), by the date or within the period specified.
AB986,19,2
13. Failed to refund to the state any overpayment made under sub. (4) (b) or (4m)
2by the date specified by department rule.
AB986,19,43 4. Failed to meet at least one of the standards under sub. (7) (a) by the date
4specified by department rule.
AB986,19,95 (b) The state superintendent may issue an order immediately terminating a
6private school's participation in the program under this section if he or she
7determines that conditions at the private school present an imminent threat to the
8health or safety of pupils or that the private school has failed to provide the
9information required under sub. (7) (d) by the date or within the period specified.
AB986,19,1210 (c) Whenever the state superintendent issues an order under par. (a) or (b), he
11or she shall immediately notify the parent or guardian of each pupil attending the
12private school under this section.
AB986,19,1513 (d) The state superintendent may withhold payment from a parent or guardian
14under subs. (4) and (4m) if the private school attended by the child of the parent or
15guardian violates this section.
AB986, s. 43 16Section 43. 119.23 (11) of the statutes is created to read:
AB986,19,1817 119.23 (11) The department shall promulgate rules to implement and
18administer this section.
AB986, s. 44 19Section 44. 121.85 (6) (am) 4. (intro.) of the statutes is amended to read:
AB986,19,2120 121.85 (6) (am) 4. (intro.) In the 2003-04 school year and in each school year
21thereafter
:
AB986, s. 45 22Section 45. 121.85 (6) (am) 5. of the statutes is repealed.
AB986, s. 46 23Section 46. 146.89 (1) of the statutes, as affected by 2003 Wisconsin Act 92,
24is renumbered 146.89 (1) (intro.) and amended to read:
AB986,19,2525 146.89 (1) (intro.) In this section, "volunteer:
AB986,20,7
1(r) "Volunteer health care provider" means an individual who is licensed as a
2physician under ch. 448, dentist or dental hygienist under ch. 447, registered nurse,
3practical nurse, or nurse-midwife under ch. 441, optometrist under ch. 449, or
4physician assistant under ch. 448 or who is certified as a dietitian under subch. V of
5ch. 448 and who receives no income from the practice of that health care profession
6or who receives no income from the practice of that health care profession when
7providing services at the nonprofit agency or school specified under sub. (3).
AB986, s. 47 8Section 47. 146.89 (1) (d) of the statutes is created to read:
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