AB854: Bill Text

Under current law, the state superintendent of public instruction (state superintendent) must, with the assistance of the Department of Justice (DOJ), conduct a background investigation of each applicant for issuance or renewal of a license or permit. Current law requires the state superintendent to revoke a license issued to an individual (licensee) by the state superintendent for incompetency or immoral conduct on the part of the licensee; if the licensee is convicted of certain Class A, B, C, D, E, F, G, or H felonies or certain other crimes or violations, including sex offenses; or if the licensee is liable for delinquent taxes or is delinquent in making court-ordered payments of child or family support payments.

This bill requires each private school participating in a parental choice program to conduct a background check of each teacher and administrator employed by the private school on the effective date of the bill. The bill also requires each participating private school to conduct a background check prior to extending an offer of employment to an individual who applies to teach in or serve as an administrator of the private school. Finally, the bill requires the private school to annually conduct a background check of each teacher and administrator employed by the private school. The bill prohibits a participating private school from employing a teacher or administrator who would not be eligible for employment in a public school for any of the reasons identified above. The bill also authorizes the state superintendent to immediately terminate a private school's participation in a parental choice program if the owner of the private school would not be eligible for employment for any of the reasons identified above or if the private school employs a teacher or administrator without conducting a background check or the teacher or administrator would be ineligible to be licensed for any of the reasons identified above.

Reading readiness assessments of participating pupils

Under current law, each school board and the governing body of each independent charter school must assess each pupil enrolled in four-year-old kindergarten to second grade for reading readiness or grade-level reading achievement.

This bill extends this requirement to private schools participating in a parental choice program. The requirement applies only to those pupils attending the private school under the program. The bill also authorizes the state superintendent of public instruction to issue an order barring a private school from participating in a parental choice program for the current school year if it violates the requirement described above.

Criteria for awarding a high school diploma to participating pupils

Current law requires the governing body of each private school participating in a parental choice program to develop a policy specifying criteria for granting a high school diploma to pupils attending the school under the program. The criteria must include the pupil's academic performance and the recommendations of teachers. The private school may not grant a high school diploma to any pupil attending the school under the program unless the pupil satisfies the criteria specified in the policy.

Beginning in the 2016-17 school year, this bill requires a private school participating in a parental choice program to include in its policy the requirements for granting a high school diploma applicable to public school pupils. These requirements include earning a specified minimum number of credits in certain subjects and, in grades 9 to 12, being enrolled in a class or participating in an activity approved by the school board during each class period of each school day.

The bill also authorizes the state superintendent of public instruction to issue an order barring a private school from participating in a parental choice program for the current school year if the private school fails to include these new requirements in its high school graduation policy.

Corporal punishment of pupils enrolled in a participating private school

Under current law, no official, employee, or agent of a school district (school employee) may subject a pupil enrolled in the school district to corporal punishment. Current law defines corporal punishment to mean "the intentional infliction of physical pain which is used as a means of discipline." Current law permits a school employee to use reasonable and necessary force under certain circumstances, including to obtain possession of a weapon from a pupil, protect the safety of others, or quell a disturbance. Each school board must establish a policy to outline the circumstances in which a school employee may use reasonable and necessary force.

This bill extends these provisions regarding corporal punishment to private schools participating in a parental choice program, and permits the state superintendent to issue an order barring the private school from participating in a parental choice program for the current school year if the private school fails to comply with these provisions.

Expulsion of pupils from participating private schools

Under current law, a pupil may be expelled from a public school for repeatedly violating school rules; making a bomb threat; or endangering or threatening to endanger the property, health, or safety of others. A pupil who has a firearm at school must be expelled for at least one year. Before expelling a pupil, the school board must provide a hearing at which the pupil or his or her parent may be represented by an attorney. After the hearing, the school board must issue a written decision, which may be appealed to the state superintendent of public instruction.

This bill directs the department to promulgate rules establishing a procedure for the expulsion of pupils attending a private school under a parental choice program by the governing body of the private school. The rules must adhere as closely as feasible to the statutory provisions governing the expulsion of pupils from public schools.

The bill also authorizes the state superintendent to issue an order barring a private school from participating in a parental choice program for the current school year if the private school violates the rules described above.

Regular building inspection of certain participating private schools

Under current law, before a private school may participate in a parental choice program, the private school must submit to the department a copy of the certificate of occupancy (certificate) issued for the private school building by the municipality within which the private school is located. If the municipality does not issue certificates, the private school may submit either a certificate issued by a local or regional governmental unit with authority to issue such a certificate or a letter or form from the municipality that explains that the municipality does not issue certificates.

This bill requires a private school located in a municipality that does not issue certificates to annually obtain a building inspection of the school building.

Miscellaneous other provisions

Under current law, the department may only release data related to enrollment of, standardized test results for, and other information related to pupils participating in a parental choice program all at the same time, uniformly, and completely. This bill eliminates this requirement.

This bill requires a private school participating in a parental choice program to permit public inspection and copying of any record of the private school that relates to pupils attending the private school under the program to the same extent as required of, and subject to the same terms and enforcement provisions that apply to, a school board. The bill authorizes the department to issue an order barring the private school from participating in the parental choice program for the current school year if the private school violates this requirement.

This bill requires that a private school be located in this state in order to participate in a parental choice program.

This bill provides that a private school may participate in a parental choice program only if it has been in operation for the attendance of pupils for at least two school years. The bill also provides that no more than 49 percent of a private school's enrollment may consist of pupils attending the private school under a parental choice program.

Currently, a private school participating in a parental choice program must schedule two meetings each year at which members of the school's governing board will be present and at which pupils and prospective pupils and their parents may meet and communicate with the members of the governing board.

This bill requires a private school participating in a parental choice program to hold at least one such meeting each month. The bill requires that the meetings be open to the public and that the private school provide public notice of the meetings in the same manner as notice of meetings of governmental bodies is required to be provided. Finally, the bill authorizes the department to issue an order barring the private school from participating in the parental choice program for the current school year if the private school violates these requirements.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB854,1 Section 1. 20.255 (1) (f) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB854,7,2 20.255 (1) (f) Assessments of reading readiness. The amounts in the schedule to provide school districts and, independent charter schools under s. 118.40 (2r) and (2x), and the governing bodies of private schools participating in a parental choice program under s. 118.60 or 119.23 with the assessments of reading readiness under s. 118.016.

AB854,2 Section 2. 49.45 (23) (a) of the statutes is amended to read:

AB854,7,11 49.45 (23) (a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide health care coverage to adults who are under the age of 65, who have family incomes not to exceed 100 133 percent of the poverty line before application of the 5 percent income disregard under 42 CFR 435.603 (d), except as provided in s. 49.471 (4g), and who are not otherwise eligible for medical assistance under this subchapter, the Badger Care health care program under s. 49.665, or Medicare under 42 USC 1395 et seq.

AB854,3 Section 3. 49.471 (1) (cr) of the statutes is created to read:

AB854,7,14 49.471 (1) (cr) "Enhanced federal medical assistance percentage" means a federal medical assistance percentage described under 42 USC 1396d (y) or (z).

AB854,4 Section 4. 49.471 (4) (a) 4. b. of the statutes is amended to read:

AB854,7,18 49.471 (4) (a) 4. b. The Except as provided in sub. (4g), the individual's family income does not exceed 100 133 percent of the poverty line before application of the 5 percent income disregard under 42 CFR 435.603 (d).

AB854,5 Section 5. 49.471 (4g) of the statutes is created to read:

AB854,8,2 49.471 (4g) Medicaid expansion; federal medical assistance percentage. (a) For services provided to individuals described under sub. (4) (a) 4. and s. 49.45 (23), the department shall comply with all federal requirements to qualify for the highest available enhanced federal medical assistance percentage. The department shall submit any amendment to the state medical assistance plan, request for a waiver of federal Medicaid law, or other approval required by the federal government to provide services to the individuals described under sub. (4) (a) 4. and s. 49.45 (23) and qualify for the highest available enhanced federal medical assistance percentage.

AB854,8,13 (b) If the department does not qualify for an enhanced federal medical assistance percentage, or if the enhanced federal medical assistance percentage obtained by the department is lower than printed in federal law as of July 1, 2013, for individuals eligible under sub. (4) (a) 4. or s. 49.45 (23), the department shall submit to the joint committee on finance a fiscal analysis comparing the cost to maintain coverage for adults who are not pregnant and not elderly at up to 133 percent of the poverty line to the cost of limiting eligibility to those adults with family incomes up to 100 percent of the poverty line. The department may reduce income eligibility for adults who are not pregnant and not elderly from up to 133 percent of the poverty line to up to 100 percent of the poverty line only if this reduction in income eligibility levels is approved by the joint committee on finance.

AB854,6 Section 6. 115.28 (7) (b) of the statutes is amended to read:

AB854,8,25 115.28 (7) (b) Subject to the same rules and laws concerning qualifications of applicants and granting and revocation of licenses or certificates under par. (a), the state superintendent shall grant certificates and licenses to teachers in private schools and tribal schools, except that teaching experience requirements for such certificates and licenses may be fulfilled by teaching experience in public, private, or tribal schools. An applicant is not eligible for a license or certificate unless the state superintendent finds that the private school or tribal school in which the applicant taught offered an adequate educational program during the period of the applicant's teaching therein. Private Except as provided in ss. 118.60 (2) (a) 6m. and 119.23 (2) (a) 6m., private schools are not obligated to employ only licensed or certified teachers.

AB854,7 Section 7. 118.016 (1) (bm) of the statutes is created to read:

AB854,9,10 118.016 (1) (bm) Beginning in the 2016-17 school year, the governing body of each private school participating in a parental choice program under s. 118.60 or 119.23 shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the governing body, annually assess each pupil enrolled in 4-year-old kindergarten to 2nd grade in the private school for reading readiness. The governing body shall ensure that the assessment evaluates whether a pupil possesses phonemic awareness and letter sound knowledge. The governing body may administer computer adaptive assessments. This paragraph applies only to pupils attending the school under s. 118.60 or 119.23.

AB854,8 Section 8. 118.016 (1) (c) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB854,9,19 118.016 (1) (c) The department shall pay to the school board or, operator, or governing body, from the appropriation under s. 20.255 (1) (f), the per pupil cost of the selected assessment. If the appropriation under s. 20.255 (1) (f) in any fiscal year is insufficient to pay the full amount of aid under this paragraph, the state superintendent shall prorate state aid payments among the school boards and, governing bodies of private schools, and operators of charter schools entitled to the aid.

AB854,9 Section 9. 118.016 (1g) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB854,9,25 118.016 (1g) If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board or, operator of the charter school under s. 118.40 (2r) or (2x), or governing body of the private school under s. 118.60 or 119.23 shall comply with s. 115.77 (1m) (bg).

AB854,10 Section 10. 118.016 (1r) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB854,10,5 118.016 (1r) The school board or, operator of the charter school, or governing body of the private school under s. 118.60 or 119.23 shall report the results of a pupil's assessment under sub. (1) to the pupil's parent or guardian.

AB854,11 Section 11. 118.016 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB854,10,12 118.016 (2) The school board of the school district or, operator of the charter school, or governing body of the private school in which the pupil is enrolled shall provide a pupil whose assessment under sub. (1) indicates that he or she is at risk of reading difficulty with interventions or remedial reading services, as described under s. 121.02 (1) (c).

AB854,12 Section 12. 118.19 (1) of the statutes is amended to read:

AB854,10,18 118.19 (1) Except as provided in s. 118.40 (8) (b) 2., any person seeking to teach in a public school, including a charter school, in a private school participating in a parental choice program under s. 118.60 or 119.23, or in a school or institution operated by a county or the state shall first procure a license or permit from the department.

AB854,13 Section 13. 118.30 (5m) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB854,11,2 118.30 (5m) When determining the percentage of pupils participating in the program under s. 119.23 who performed at designated proficiency levels on the examinations administered as required under sub. (1s) or s. 118.301 (3), the department shall consider only the pupils participating in the program under s. 119.23 to whom the examinations were administered at each grade level, and shall not exclude from consideration those pupils participating in the program under s. 119.23 who were excused from taking the examinations under sub. (2) (b) 5.

AB854,14 Section 14. 118.305 (1) (gm) of the statutes is created to read:

AB854,11,6 118.305 (1) (gm) "Pupil" excludes pupils who are attending a private school participating in a parental choice program under s. 118.60 or 119.23 but not under the parental choice program.

AB854,15 Section 15. 118.305 (1) (h) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB854,11,11 118.305 (1) (h) "School" means a public school, including a charter school, and a private school participating in the program under s. 115.7915, and a private school participating in a parental choice program under s. 118.60 or 119.23.

AB854,16 Section 16. 118.305 (3) (e) of the statutes is amended to read:

AB854,11,14 118.305 (3) (e) It does not constitute corporal punishment, as defined in s. 118.31 (1) (a).

AB854,17 Section 17. 118.31 (1) of the statutes is renumbered 118.31 (1) (intro.) and amended to read:

AB854,11,17 118.31 (1) (intro.) In this section, "corporal:

AB854,11,23 (a) "Corporal punishment" means the intentional infliction of physical pain which is used as a means of discipline. "Corporal punishment" includes, but is not limited to, paddling, slapping or prolonged maintenance of physically painful positions, when used as a means of discipline. "Corporal punishment" does not include actions consistent with an individualized education program developed under s. 115.787 or reasonable physical activities associated with athletic training.

AB854,18 Section 18. 118.31 (1) (b) of the statutes is created to read:

AB854,12,3 118.31 (1) (b) "Private school" means a private school, as defined in s. 115.001 (3r), that is participating in any parental choice program under ss. 118.60 and 119.23.

AB854,19 Section 19. 118.31 (2) of the statutes is amended to read:

AB854,12,7 118.31 (2) Except as provided in sub. (3), no official, employee, or agent of a school board or of a private school may subject a pupil enrolled in the school district or in the private school to corporal punishment.

AB854,20 Section 20. 118.31 (3) (intro.) of the statutes is amended to read:

AB854,12,10 118.31 (3) (intro.) Subsection (2) does not prohibit an official, employee, or agent of a school board or of a private school from:

AB854,21 Section 21. 118.31 (4) of the statutes is amended to read:

AB854,12,18 118.31 (4) Each school board and each private school shall adopt a policy that allows any official, employee, or agent of the school board or private school to use reasonable and necessary force for the purposes of sub. (3) (a) to (h). In determining whether or not a person an official, employee, or agent of a school board or of a private school was acting within the exceptions in sub. (3), deference shall be given to reasonable, good faith judgments made by an the official, employee, or agent of a school board.

AB854,22 Section 22. 118.31 (5) of the statutes is amended to read:

AB854,12,25 118.31 (5) Except as provided in s. 939.61 (1), this section does not create a separate basis for civil liability of a school board or of a private school or their officials, employees or agents of an official, employee, or agent of the school board or private school for damages arising out of claims involving allegations of improper or unnecessary use of force by a school employees official, employee, or agent against students a pupil.

AB854,23 Section 23. 118.31 (6) of the statutes is amended to read:

AB854,13,5 118.31 (6) Nothing in this section shall prohibit, permit, or otherwise affect any action taken by an official, employee, or agent of a school board or private school with regard to a person who is not a pupil enrolled in the school district or in the private school.

AB854,24 Section 24. 118.33 (1) (f) 5. of the statutes is created to read:

AB854,13,11 118.33 (1) (f) 5. Beginning in the 2016-17 school year, the governing body of each private school participating in a parental choice program under s. 118.60 or 119.23 shall include in its policy under subd. 2m. or 2r. the requirements for granting a high school diploma specified in pars. (a) and (b), with the exceptions provided in pars. (d) and (e).

AB854,25 Section 25. 118.60 (2) (a) (intro.) of the statutes is amended to read:

AB854,13,18 118.60 (2) (a) (intro.) Subject to pars. (ag) and (ar), any pupil in grades kindergarten to 12 who resides within an eligible school district may attend any private school under this section and, subject to pars. (ag), (ar), (be), (bm), and (bs), any pupil in grades kindergarten to 12 who resides in a school district, other than an eligible school district or a 1st class city school district, may attend any private school under this section if all of the following apply:

AB854,26 Section 26. 118.60 (2) (a) 1. a. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB854,14,4 118.60 (2) (a) 1. a. Except as provided in par. (bm) subd. 1. am., the pupil is a member of a family that has a total family income that does not exceed an amount equal to 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. In this subdivision and sub. (3m), family income includes income of the pupil's parents or legal guardians. Except as provided in subd. 1. c., the family income of the pupil shall be verified as provided in subd. 1. b. A pupil attending a private school under this section whose family income increases above the income level in this subd. 1. a. may continue to attend a private school under this section.

AB854,27 Section 27. 118.60 (2) (a) 1. am. of the statutes is created to read:

AB854,14,13 118.60 (2) (a) 1. am. Beginning in the 2016-17 school year, 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. The family income of the pupil shall be verified as provided in subd. 1. b. A pupil attending a private school under this section whose family income increases above the income level in this subd. 1. am. may continue to attend a private school under this section.

AB854,28 Section 28. 118.60 (2) (a) 6m. of the statutes is created to read:

AB854,14,18 118.60 (2) (a) 6m. All instructional staff employed by the private school hold a license or permit to teach issued by the department. For purposes of this subdivision, "instructional staff" has the meaning given in the rules promulgated by the department under s. 121.02 (1) (a) 2.

AB854,29 Section 29. 118.60 (2) (a) 9. of the statutes is created to read: