118.60(2)(be)1.1. In the 2013-14 school year, no more than 500 pupils, as counted under
s. 121.004 (7), who reside in a school district, other than an eligible school district or a 1st class city school district, may attend private schools under this section.
118.60(2)(be)2.
2. In the 2014-15 school year and in each school year thereafter, no more than 1,000 pupils, as counted under
s. 121.004 (7), who reside in a school district, other than an eligible school district or a 1st class city school district, may attend private schools under this section.
118.60(2)(be)3.
3. In any school year, no more than 1 percent of the membership, as defined under
s. 121.004 (5), of any one school district, other than an eligible school district or a 1st class city school district, may attend private schools under this section.
118.60(2)(bm)
(bm) No pupil who resides in a school district, other than an eligible school district or a 1st class city school district, may attend a participating private school under this section unless the pupil is a member of a family that has a total family income that does not exceed an amount equal to 1.85 times the poverty level, determined in accordance with criteria established by the director of the federal office of management and budget. In this paragraph and
sub. (3m), family income includes income of the pupil's parents or legal guardians. The family income of the pupil shall be verified as provided in
par. (a) 1. b. A pupil attending a private school under this section whose family income increases may continue to attend a private school under this section.
118.60(2)(bs)
(bs) In the 2013-14 and 2014-15 school years, a private school may accept pupils who reside in a school district, other than an eligible school district or a 1st class city school district, under this section only if the private school was operating as a private school on May 1, 2013.
118.60(2)(c)1.1. Notwithstanding
par. (a) 6., a teacher employed by a private school participating in the program under this section who teaches only courses in rabbinical studies is not required to have a bachelor's degree.
118.60(2)(c)2.
2. Notwithstanding
par. (a) 6., an administrator of a private school participating in the program under this section that prepares and trains pupils attending the school in rabbinical studies is not required to have a bachelor's degree.
118.60(3)(a)(a) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend. If more than one pupil from the same family applies to attend the same private school, the pupils may use a single application. Within 60 days after receiving the application, the private school shall notify each applicant, in writing, whether his or her application has been accepted. If the private school rejects an application, the notice shall include the reason. Subject to
pars. (ag) and
(ar), a private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. Except as provided in
pars. (ag) and
(ar), the state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that:
118.60(3)(a)1.
1. The private school may give preference in accepting applications to any of the following:
118.60(3)(a)1.a.
a. Pupils who attended the private school under this section during the school year prior to the school year for which the application is being made.
118.60(3)(a)1.b.
b. Siblings of pupils who attended the private school during the school year prior to the school year for which the application is being made and to siblings of pupils who have been accepted to the private school for the school year for which the application is being made.
118.60(3)(a)1.c.
c. Pupils who attended another private school under this section or
s. 119.23 during the school year prior to the school year for which the application is being made.
118.60(3)(a)2.
2. For a pupil who resides in a school district, other than an eligible school district or a 1st class city school district, the private school shall give preference to a pupil who satisfies any of the following:
118.60(3)(a)2.a.
a. The pupil was enrolled in a public school in the school district in the previous year and is applying to attend a participating private school in grade 2 through 8 or grade 10 through 12.
118.60(3)(a)2.b.
b. The pupil was not enrolled in school in the previous school year.
118.60(3)(ag)1.1. In the 2013-14 school year, a private school that has submitted a notice of intent to participate under
sub. (2) (a) 3. c. may begin accepting applications beginning on August 1, 2013, from pupils who reside in a school district, other than an eligible school district or a 1st class city school district.
118.60(3)(ag)2.
2. By August 9, 2013, each private school that has received applications under
subd. 1. shall report to the department the name of each pupil who has applied to attend the private school under this section, the total number of pupils that have applied to attend the private school under this section, the names of those applicants that have siblings who have also applied to attend the private school under this section, and the number of such sibling applicants.
118.60(3)(ag)3.
3. Upon receipt of the information under
subd. 2., the department shall determine the sum of all applicants under this paragraph. In determining the sum, the department shall count a pupil who has applied to attend more than one private school under the program only once. After determining the sum of all applicants, the department shall do one of the following:
118.60(3)(ag)3.a.
a. If the total number of applicants does not exceed the pupil participation limit established under
sub. (2) (be) 1., the department shall immediately notify the private schools that all applicants reported under
subd. 2. may be accepted into the private schools under the program for the 2013-14 school year.
118.60(3)(ag)3.b.
b. Subject to
subd. 7., if the total number of applicants exceeds the pupil participation limit established under
sub. (2) (be) 1., the department shall notify those 25 private schools that received the most applications that the private school may accept pupils who reside in a school district, other than an eligible school district or a 1st class city school district, under this section. Upon the request of the governing body of a private school, the department shall include in its count of 25 private schools more than one unique campus location of a private school operating under one federal tax identification number if each such campus location otherwise qualifies to be included in the count under this
subd. 3. b. The department shall allocate to each of the 25 private schools 10 pupil slots and shall fill each slot by random drawing. If a pupil chosen by random drawing has a sibling that applied to the private school, the next available slot shall be filled by the sibling. The department shall fill the remaining 250 spaces by random drawing from applications submitted to those 25 schools. If a pupil chosen by random drawing has a sibling that applied to the private school, the next available slot shall be filled by the sibling.
118.60(3)(ag)4.a.a. The department shall establish and maintain a waiting list for those applicants who were not selected in a random drawing conducted under
subd. 3. b., and shall give preference to siblings.
118.60(3)(ag)4.b.
b. The department shall refund the nonrefundable fee set by the department as required under
s. 119.23 (2) (a) 3. to any private school that did not accept applications under this section or
s. 119.23 in the 2012-13 school year and that did not get included in the count of 25 private schools under
subd. 3. b.
118.60(3)(ag)5.a.a. A private school that has been authorized to accept pupils under
subd. 3. a. may accept additional applications from pupils who reside in a school district, other than an eligible school district or a 1st class city school district, and who wish to attend the private school under this section, only during the periods that apply to an eligible school district. If a private school accepts additional applications from pupils as permitted under this
subd. 5. a., the private school shall notify the department each time the private school receives an application.
118.60(3)(ag)5.b.
b. If, upon receipt of a notice under
subd. 5. a., the department determines that the total number of pupils who have applied to attend private schools under this paragraph will exceed the pupil participation limit under
sub. (2) (be) 1., the department shall establish and administer a waiting list in the manner provided under
subd. 4.
118.60(3)(ag)6.
6. A private school that has accepted a pupil who resides in a school district, other than an eligible school district or a 1st class city school district, under this paragraph shall notify the department whenever the private school determines that a pupil will not attend the private school under this paragraph. The department shall fill any such available slot with a pupil selected at random from a waiting list established under
subd. 4., if such a waiting list exists, but shall give preference to a sibling of a pupil who resides in a school district, other than an eligible school district or a 1st class city school district, and who is attending the private school under this section.
118.60(3)(ag)7.
7. A private school that participated in the program under this section or under
s. 119.23 in the 2012-13 school year may not be selected as one of the 25 schools under
subd. 3. b.
118.60(3)(ar)1.1. In the 2014-15 school year and any school year thereafter, a private school that has submitted a notice of intent to participate under
sub. (2) (a) 3. a. may accept applications for the following school year between February 1 and April 20 from pupils who reside in a school district, other than an eligible school district or a 1st class city school district.
118.60(3)(ar)2.
2. By May 1, 2014, and by May 1 of any school year thereafter, each private school that has received applications under
subd. 1. shall report to the department the name of each pupil who has applied to attend the private school under this section, the total number of pupils that have applied to attend the private school under this section, the names of those applicants that have siblings who have also applied to attend the private school under this section, and the number of such sibling applicants.
118.60(3)(ar)3.
3. Upon receipt of the information under
subd. 2., the department shall determine the sum of all applicants under this paragraph. In determining the sum, the department shall count a pupil who has applied to attend more than one private school under the program only once. After determining the sum of all applicants, the department shall do one of the following:
118.60(3)(ar)3.a.
a. If the total number of applicants does not exceed the pupil participation limit established under
sub. (2) (be) 2., the department shall immediately notify the private schools that all applicants reported under
subd. 2. may be accepted into the private schools under the program for the next school year.
118.60(3)(ar)3.b.
b. Subject to
subd. 7., if the total number of applicants exceeds the pupil participation limit established under
sub. (2) (be) 2., the department shall allocate to those private schools that participated in the program in the preceding school year the same number of slots held by pupils participating in the program under this section in that school year. The department shall allocate the remaining slots to those private schools that received the most applications in the manner set forth under
par. (ag) 3. b. If a pupil chosen by random drawing has a sibling that applied to the private school, the next available slot shall be filled by the sibling.
118.60(3)(ar)4.
4. The department shall establish and maintain a waiting list for those applicants who were not selected in a random drawing conducted under
subd. 3. b., and shall give preference to siblings.
118.60(3)(ar)5.a.a. A private school that has been authorized to accept pupils under
subd. 3. a. may accept additional applications from pupils who reside in a school district, other than an eligible school district or a 1st class city school district, and who wish to attend the private school under this section, only during the periods that apply to an eligible school district. If a private school accepts additional applications from pupils as permitted under this
subd. 5. a., the private school shall notify the department each time the private school receives an application.
118.60(3)(ar)5.b.
b. If, upon receipt of a notice under
subd. 5. a., the department determines that the total number of pupils who have applied to attend private schools under this paragraph will exceed the pupil participation limit under
sub. (2) (be) 2., the department shall establish and administer a waiting list in the manner provided under
subd. 4.
118.60(3)(ar)6.
6. A private school that has accepted a pupil who resides in a school district, other than an eligible school district or a 1st class city school district, under this paragraph shall notify the department whenever the private school determines that a pupil will not attend the private school under this paragraph. The department shall fill any such available slot with a pupil selected at random from a waiting list established under
subd. 4., if such a waiting list exists, but shall give preference to a sibling of a pupil who resides in a school district other than an eligible school district and who is attending the private school under this section.
118.60(3)(ar)7.
7. A private school that participated in the program under this section or under
s. 119.23 in the 2012-13 school year may not be selected as one of the 25 schools under
subd. 3. b. for the 2014-15 school year.
118.60(3)(b)
(b) If a participating private school rejects an applicant who resides within an eligible school district because the private school has too few available spaces, the applicant may transfer his or her application to a participating private school that has space available. An applicant rejected under this paragraph may be admitted to a private school participating in the program under this section for the following school year, provided that the applicant continues to reside within an eligible school district. The department may not require, in that following school year, the private school to submit financial information regarding the applicant or to verify the eligibility of the applicant to participate in the program under this section on the basis of family income.
118.60(3)(c)
(c) If a participating private school rejects an applicant who resides in a school district, other than an eligible school district or a 1st class city school district, because the private school has too few available spaces, the applicant may transfer his or her application to a participating private school that has space available. An applicant rejected under this paragraph may, subject to
sub. (2) (be) and
(bm), be admitted to a private school participating in the program under this section for the following school year.
118.60(3m)(a)(a) A private school participating in the program under this section may not charge or receive any additional tuition payment for a pupil participating in the program under this section other than the payment the school receives under
sub. (4) and, if applicable,
sub. (4m), if either of the following applies:
118.60(3m)(a)1.
1. The pupil is enrolled in a grade from kindergarten to 8.
118.60(3m)(a)2.
2. The pupil is enrolled in a grade from 9 to 12 and the family income of the pupil, as determined under
sub. (2) (a) 1., does not exceed an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget.
118.60(3m)(am)1.1. Beginning in the 2011-12 school year, a private school participating in the program under this section may recover the cost of providing the following to a pupil participating in the program under this section through reasonable fees in an amount determined by the private school and charged to the pupil, except that no participating private school may retroactively recover any uncollected costs incurred prior to November 19, 2011:
118.60(3m)(am)1.b.
b. Social and extracurricular activities if not necessary to the private school's curriculum.
118.60(3m)(am)1.e.
e. High school classes that are not required for graduation and for which no credits toward graduation are given.
118.60(3m)(am)2.
2. A private school may not prohibit an eligible pupil from attending the private school, expel or otherwise discipline the pupil, or withhold or reduce the pupil's grades because the pupil or the pupil's parent or guardian cannot pay or has not paid fees charged under
subd. 1.
118.60(3m)(b)
(b) Beginning in the 2011-12 school year, a private school participating in the program under this section may, in addition to the payment it receives for a pupil under
sub. (4) and, if applicable,
sub. (4m), charge the pupil tuition in an amount determined by the school if both of the following apply:
118.60(3m)(b)2.
2. The family income of the pupil, as determined under
sub. (2) (a) 1., exceeds an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget.
118.60(3m)(c)
(c) A private school participating in the program under this section shall determine whether the private school may charge additional tuition to a pupil on the basis of the pupil's family income as permitted under
par. (b). The private school shall establish a process for accepting an appeal to the governing body of the private school of the determination made under this paragraph.
118.60(4)(a)(a) Annually, on or before October 15, a private school participating in the program under this section shall file with the department a report stating its summer average daily membership equivalent and its summer choice average daily membership equivalent for the purpose of
sub. (4m).
118.60(4)(bg)1.1. In the 2013-14 school year, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under
s. 20.255 (2) (fr), an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, or $6,442, whichever is less.
118.60(4)(bg)2.
2. Except as provided in
subd. 4., in the 2014-15 school year, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under
s. 20.255 (2) (fr), the lesser of an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, or an amount either of $7,210, if the pupil is enrolled in a grade from kindergarten to 8, or of $7,856, if the pupil is enrolled in a grade from 9 to 12.
118.60(4)(bg)3.
3. In the 2015-16 school year and in each school year thereafter, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under
s. 20.255 (2) (fr), the lesser of the following:
118.60(4)(bg)3.a.
a. An amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department.
118.60(4)(bg)3.b.
b. Except as provided in
subd. 5., an amount equal to the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under
s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under
s. 118.40 (2r) (e) 2p., if positive.
118.60(4)(bg)4.
4. If the pupil described in
subd. 2. is enrolled in a private school that enrolls pupils under the program in any grade between kindergarten to 8 and also in any grade between 9 to 12, the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under
s. 20.255 (2) (fr), the lesser of an amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department, or an amount determined as follows:
118.60(4)(bg)4.a.
a. Multiply the number of pupils participating in the program under this section who are enrolled in the private school in any grade between kindergarten to 8 by $7,210.
118.60(4)(bg)4.b.
b. Multiply the number of pupils participating in the program under this section who are enrolled in the private school in any grade between 9 to 12 by $7,856.
118.60(4)(bg)4.d.
d. Divide the amount determined under
subd. 4. c. by the total number of pupils participating in the program under this section who are enrolled at the private school.
118.60(4)(bg)5.
5. If the pupil described in
subd. 3. is enrolled in a private school that enrolls pupils under the program in any grade between kindergarten to 8 and also in any grade between 9 to 12, the state superintendent shall substitute for the amount described in
subd. 3. b. the amount determined under
subd. 4. a. to
d., with the following modifications:
118.60(4)(bg)5.a.
a. Multiply the number of pupils participating in the program who are enrolled in the private school in any grade between kindergarten to 8 by the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under
s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under
s. 118.40 (2r) (e) 2p., if positive.
118.60(4)(bg)5.b.
b. Multiply the number of pupils participating in the program who are enrolled in the private school in any grade between 9 to 12 by the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under
s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under
s. 118.40 (2r) (e) 2p., if positive.
118.60(4)(c)
(c) The state superintendent shall pay 25 percent of the total amount under this subsection in September, 25 percent in November, 25 percent in February, and 25 percent in May. Each installment may consist of a single check for all pupils attending the private school under this section. The state superintendent shall include the entire amount under
sub. (4m) in the November installment, but the payment shall be made in a separate check from the payment under this subsection.
118.60(4)(d)
(d) In determining a private school's operating and debt service cost per pupil under
par. (bg), the department shall do all of the following, but may not determine separate costs for pupils enrolled in grades kindergarten to 8 and for pupils enrolled in grades 9 to 12:
118.60(4)(d)1.
1. Subtract only the following, up to the actual cost of the service or material related to each item:
118.60(4)(d)1.a.
a. Fees charged pupils for books and supplies used in classes and programs.
118.60(4)(d)1.e.
e. Interest and other income resulting from the investment of debt proceeds.
118.60(4)(d)2.
2. If legal title to the private school's buildings and premises is held in the name of the private school's parent organization or other related party and the private school requests that the department do so, include an amount equal to 10.5 percent of the fair market value of the school and its premises. If legal title to the private school's buildings and premises is held in the name of the private school's parent organization or other related party but the private school was not permitted to include an amount equal to 10.5 percent of the fair market value of the school and its premises in the 2012-13 school year, the private school may, beginning on July 2, 2013, request the department to include that amount. A request made by a private school under this subdivision remains effective in subsequent school years and may not be withdrawn by the private school.
118.60(4)(d)3.
3. If immediately prior to July 1, 2011, a private school's operating and debt service costs, as determined by the department, included the amount described in
subd. 2., continue to include the amount described in
subd. 2. in subsequent school years.
