LRBs0282/2
PG:cjs:jm
2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 110
February 7, 2012 - Offered by Representative Litjens.
AB110-ASA1,1,5 1An Act to amend 20.255 (2) (cy), 115.77 (1), 115.791 (4), 121.08 (4) (c), 121.08 (4)
2(d) and 121.54 (3); and to create 20.255 (2) (az), 115.7915, 118.60 (4s), 119.23
3(4s), 121.05 (1) (a) 4. and 121.08 (4) (am) of the statutes; relating to: creating
4the Special Needs Scholarship Program for disabled pupils, granting
5rule-making authority, and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB110-ASA1, s. 1 6Section 1. 20.255 (2) (az) of the statutes is created to read:
AB110-ASA1,1,87 20.255 (2) (az) Special Needs Scholarship Program. A sum sufficient to pay the
8special needs scholarships under s. 115.7915.
AB110-ASA1, s. 2 9Section 2. 20.255 (2) (cy) of the statutes is amended to read:
AB110-ASA1,2,210 20.255 (2) (cy) Aid for transportation; open enrollment and special needs
11scholarships
. The amounts in the schedule to reimburse parents for the costs of

1transportation of open enrollment pupils under ss. 115.7915, 118.51 (14) (b), and
2118.52 (11) (b).
AB110-ASA1, s. 3 3Section 3. 115.77 (1) of the statutes is amended to read:
AB110-ASA1,2,74 115.77 (1) In sub. (1m) (a) to (d), except as provided in s. 118.51 (12) (a) and (b)
52., if a child with a disability is attending a public school in a nonresident school
6district under s. 115.7915, 118.51, or 121.84 (1) (a) or (4), "local educational agency"
7means the school district that the child is attending.
AB110-ASA1, s. 4 8Section 4. 115.791 (4) of the statutes is amended to read:
AB110-ASA1,2,149 115.791 (4) Subject to s. 115.77 (1m) (d) and (e), this section does not require
10a local educational agency to pay the cost of education, including special education
11and related services, of a child with a disability at a private school or facility,
12including a child with a disability attending a private school under s. 115.7915,
if the
13local educational agency made a free appropriate public education available to the
14child and the child's parents elected to place the child in a private school or facility.
AB110-ASA1, s. 5 15Section 5. 115.7915 of the statutes is created to read:
AB110-ASA1,2,17 16115.7915 Special Needs Scholarship Program. (1) Definition. In this
17section:
AB110-ASA1,2,2018 (a) "Eligible school" means a public school located in this state but outside the
19pupil's school district of residence, including a charter school, or a private school
20located in this state.
AB110-ASA1,2,2121 (b) "Services plan" has the meaning given in 34 CFR 300.37.
AB110-ASA1,2,24 22(1m) Scholarship requirements. Subject to sub. (1r), beginning in the
232012-13 school year, a child with a disability shall receive a scholarship under this
24section to attend an eligible school if all of the following apply:
AB110-ASA1,3,5
1(a) The school district in which the eligible public school is located, the eligible
2charter school, or the eligible private school notified the department of its intent to
3participate in the program under this section. The notice shall specify the number
4of pupils who may participate in the program under this section for whom the school
5has space.
AB110-ASA1,3,136 (b) The school, if a private school, is approved by the state superintendent
7under s. 118.165 (2) or is accredited by the Wisconsin North Central Association,
8Wisconsin Religious and Independent Schools Accreditation, the Independent
9Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod
10School Accreditation, National Lutheran School Accreditation, the diocese or
11archdiocese within which the private school is located, or any other organization
12recognized by the National Council for Private School Accreditation as of the August
131 preceding the school term for which the scholarship is awarded.
AB110-ASA1,3,1514 (c) An individualized education program or services plan has been completed
15for the child.
AB110-ASA1,3,1916 (d) The child attended a public school, attended a private school under s. 118.60
17or 119.23, or did not attend school in this state, for the entire school year immediately
18preceding the school year for which the child first receives a scholarship under this
19section.
AB110-ASA1,3,2520 (e) The child, or the child's parent on behalf of the child, has submitted an
21application to the eligible school, on a form prepared by the department, for a
22scholarship under this section to attend the eligible school. The application shall
23include the document developed by the department under sub. (2) (a). An application
24may be made, and a child may begin attending an eligible school under this section,
25at any time during the school year.
AB110-ASA1,4,2
1(f) The child has been accepted by the school district in which the eligible public
2school is located, the eligible charter school, or the eligible private school.
AB110-ASA1,4,6 3(1r) Limit on number of scholarships. The number of scholarships awarded
4under this section in any school year may not exceed 5 percent of the total number
5of children with disabilities residing in this state in the previous school year, as
6determined by the department.
AB110-ASA1,4,10 7(1s) Acceptance of pupils. If an eligible school receives more applications
8under sub. (1m) (e) than the number of pupils specified in the notice under sub. (1m)
9(a), it shall select pupils on a random basis except that it may give preference to
10siblings of pupils who are already attending the eligible school.
AB110-ASA1,4,15 11(2) Department duties. (a) 1. The department shall develop, for inclusion with
12an application under sub. (1m) (e), a document, and revise it as necessary, comparing
13the rights of a child with a disability and of his or her parent under this subchapter,
14other than this section, and 20 USC 1400 to 1482, with the rights of a child with a
15disability and of his or her parent under this section and 20 USC 1400 to 1482.
AB110-ASA1,4,2016 2. Receipt by an applicant of the document developed under subd. 1.,
17acknowledged in a format prescribed by the department, constitutes notice that the
18applicant has been informed of his or her rights under this section and 20 USC 1400
19to 1482. Subsequent acceptance of a scholarship under this section constitutes the
20applicant's informed consent to the rights specified in the document.
AB110-ASA1,4,2321 (b) The governing body of an eligible school that accepts a child under sub. (1m)
22(f) shall notify the department. Upon being notified, the department shall do all of
23the following:
AB110-ASA1,5,324 1. Notify the school board of the pupil's school district of residence that the pupil
25has been awarded a scholarship under this section. The school board shall, within

13 days of receiving the notice, provide the department and the governing body of the
2eligible school that accepted the pupil with a copy of the pupil's individualized
3education program.
AB110-ASA1,5,54 2. Determine the amount of the pupil's scholarship. The amount shall be the
5lesser of the following:
AB110-ASA1,5,126 a. Divide the sum of the statewide gross property tax levy for schools in the
7previous year and the total amount of general school aid appropriated under s.
820.255 (2) (ae), (ar), and (bb) in the previous fiscal year by the total statewide
9membership, as defined in s. 121.004 (5), in the previous school year, and add to the
10quotient the result obtained by dividing the amount appropriated under s. 20.255 (2)
11(b) in the previous fiscal year by the total full-time equivalent number of children
12with disabilities enrolled in public schools in the previous school year.
AB110-ASA1,5,1713 b. The cost to the school district in which the eligible public school is located,
14the eligible charter school, or the eligible private school of providing to the pupil
15regular instruction, instructional and pupil support services, special education and
16related services, and supplementary aids and services, other than costs under s.
17115.88 (3) and (4).
AB110-ASA1,5,1918 3. Prorate the amount determined under subd. 2. for a pupil attending an
19eligible school for less than a full school term.
AB110-ASA1,5,2120 4. Notify the parent of the scholarship amount, as determined under subd. 2.
21or 3., accompanied by an explanation of how the amount was determined.
AB110-ASA1,6,422 5. On behalf of the pupil's parent, pay the scholarship to the school district,
23charter school, or private school that the pupil attends from the appropriation under
24s. 20.255 (2) (az), except that the department may not pay a scholarship to a private
25school unless the pupil's parent has acknowledged receiving the private school's

1profile under sub. (4) (g) in the manner provided by the department. The scholarship
2continues while the pupil attends an eligible school until the pupil graduates from
3high school or until the end of the school term in which the pupil attains the age of
421, whichever comes first.
AB110-ASA1,6,7 5(3) School board duties. (a) Annually, each school board shall notify the
6parents of each child with a disability enrolled in the school district of the program
7under this section.
AB110-ASA1,6,118 (b) Upon the request of a parent of a pupil receiving a scholarship, the pupil's
9resident school district shall administer the appropriate examinations under s.
10118.30 to the pupil at no cost if the school attended by the pupil does not administer
11them.
AB110-ASA1,6,13 12(4) Private school duties. Each private school participating in the program
13under this section shall do all of the following:
AB110-ASA1,6,1514 (a) Comply with all health and safety laws or codes that apply to private
15schools.
AB110-ASA1,6,1916 (b) Hold a valid certificate of occupancy, if required by the municipality in which
17the school is located or, if the municipality in which the school is located does not
18issue certificates of occupancy, obtain a certificate of occupancy issued by the local
19or regional governmental unit with authority to issue certificates of occupancy.
AB110-ASA1,6,2020(c) Comply with 42 USC 2000d.
AB110-ASA1,6,2421 (d) Conduct criminal background investigations of its employees and exclude
22from employment any person not permitted to hold a teaching license as the result
23of an offense and any person who might reasonably be believed to pose a threat to the
24safety of others.
AB110-ASA1,7,7
1(e) Annually submit to the department a school financial information report,
2prepared by a certified public accountant, that complies with uniform financial
3accounting standards established by the department by rule. The report shall be
4accompanied by an auditor's statement that the report is free of material
5misstatements and fairly represents pupil costs. The report shall be limited in scope
6to those records that are necessary for the department to make payments to the
7private school.
AB110-ASA1,7,108 (f) If the private school expects to receive at least $50,000 in scholarships under
9this section during a school year, do one of the following before the beginning of the
10school year:
AB110-ASA1,7,1311 1. File with the department a surety bond payable to the state in an amount
12equal to the total amount of scholarships expected to be received by the private school
13during the school year under this section.
AB110-ASA1,7,1714 2. File with the department financial information demonstrating that the
15private school has the ability to pay an amount equal to the total amount of
16scholarships expected to be received by the private school during the school year
17under this section.
AB110-ASA1,7,2218 (g) Provide to each applicant under sub. (1m) (e) a profile of the private school's
19special education program, in a form prescribed by the department, that includes the
20methods of instruction that will be used by the school to provide special education
21and related services to the child and the qualifications of the teachers and other
22persons who will be providing special education and related services to the child.
AB110-ASA1,8,223 (h) 1. Implement the child's most recent individualized education program or
24services plan, as modified by agreement between the private school and the child's
25parent, and related services agreed to by the private school and the child's parent

1that are not included in the child's individualized education program or services
2plan.
AB110-ASA1,8,63 2. Provide a record of the implementation of the child's individualized
4education program or services plan under subd. 1., including an evaluation of the
5child's progress, to the school board of the school district in which the child resides
6in the form and manner prescribed by the department.
AB110-ASA1,8,87 (i) Regularly report to the parent of a pupil attending the private school and
8receiving a scholarship under this section on the pupil's progress.
AB110-ASA1,8,11 9(5) Transportation. (a) Private school. Section 121.54 applies to the
10transportation of a pupil to and from the private school he or she is attending under
11this section.
AB110-ASA1,8,1312 (b) Public school. Section 118.51 (14) applies to the transportation of a pupil
13to and from the public school he or she is attending under this section.
AB110-ASA1,8,17 14(6) Penalties. (a) The department may bar a school district, charter school,
15or private school from participating in the program under this section if the
16department determines that the school district, charter school, or private school has
17done any of the following:
AB110-ASA1,8,1918 1. Intentionally and substantially misrepresented information required under
19sub. (4).
AB110-ASA1,8,2020 2. Routinely failed to comply with the standards under sub. (4) (e) or (f).
AB110-ASA1,8,2221 3. Used a pupil's scholarship for any purpose other than educational purposes
22or rebated, refunded, or shared a pupil's scholarship with a parent or pupil.
AB110-ASA1,8,2423 4. Failed to refund to the state, in a timely manner, any scholarship
24overpayments.
AB110-ASA1,9,6
1(b) If the department bars a school district, charter school, or private school
2from participating in the program under this section, it shall notify all pupils eligible
3to participate in the program and their parents as quickly as possible. A pupil who
4is receiving a scholarship and attending a school district, charter school, or private
5school barred from the program may attend another participating school district,
6charter school, or private school under the scholarship.
AB110-ASA1,9,9 7(7) Study. (a) The legislative audit bureau shall contract for a study of the
8program under this section with one or more researchers who have experience
9evaluating school choice programs. The study shall evaluate all of the following:
AB110-ASA1,9,1110 1. The level of satisfaction with the program expressed by participating pupils
11and their parents.
AB110-ASA1,9,1412 2. The percentage of participating pupils who were victimized because of their
13special needs at their resident school district and the percentage of such pupils at
14their participating school.
AB110-ASA1,9,1715 3. The percentage of participating pupils who exhibited behavioral problems
16at their resident school district and the percentage of such pupils at their
17participating school.
AB110-ASA1,9,1918 4. The average class size at participating pupils' resident school districts and
19at their participating schools.
AB110-ASA1,9,2020 5. The fiscal impact of the program on the state and on resident school districts.
Loading...
Loading...