LRBa2219/1
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2015 - 2016 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 517
February 16, 2016 - Offered by Representatives Hintz and Pope.
AB517-ASA1-AA2,1,11 At the locations indicated, amend the substitute amendment as follows:
AB517-ASA1-AA2,1,4 21. Page 1, line 3: after "transportation" insert ", accountability provisions for
3private schools participating in a parental choice program, requiring the exercise of
4rule-making authority, and making an appropriation".
AB517-ASA1-AA2,1,5 52. Page 1, line 4: before that line insert:
AB517-ASA1-AA2,1,7 6" Section 1. 20.255 (1) (f) of the statutes, as affected by 2015 Wisconsin Act 55,
7is amended to read:
AB517-ASA1-AA2,1,128 20.255 (1) (f) Assessments of reading readiness. The amounts in the schedule
9to provide school districts and, independent charter schools under s. 118.40 (2r) and
10(2x), and the governing bodies of private schools participating in a parental choice
11program under s. 118.60 or 119.23
with the assessments of reading readiness under
12s. 118.016.
AB517-ASA1-AA2,2
1Section 2. 115.28 (7) (b) of the statutes is amended to read:
AB517-ASA1-AA2,2,122 115.28 (7) (b) Subject to the same rules and laws concerning qualifications of
3applicants and granting and revocation of licenses or certificates under par. (a), the
4state superintendent shall grant certificates and licenses to teachers in private
5schools and tribal schools, except that teaching experience requirements for such
6certificates and licenses may be fulfilled by teaching experience in public, private,
7or tribal schools. An applicant is not eligible for a license or certificate unless the
8state superintendent finds that the private school or tribal school in which the
9applicant taught offered an adequate educational program during the period of the
10applicant's teaching therein. Private Except as provided in ss. 118.60 (2) (a) 6m. and
11119.23 (2) (a) 6m., private
schools are not obligated to employ only licensed or
12certified teachers.".
AB517-ASA1-AA2,2,13 133. Page 2, line 5: after that line insert:
AB517-ASA1-AA2,2,14 14" Section 3. 118.016 (1) (bm) of the statutes is created to read:
AB517-ASA1-AA2,2,2315 118.016 (1) (bm) Beginning in the 2016-17 school year, the governing body of
16each private school participating in a parental choice program under s. 118.60 or
17119.23 shall, using the appropriate, valid, and reliable assessment of literacy
18fundamentals selected by the governing body, annually assess each pupil enrolled in
194-year-old kindergarten to 2nd grade in the private school for reading readiness.
20The governing body shall ensure that the assessment evaluates whether a pupil
21possesses phonemic awareness and letter sound knowledge. The governing body
22may administer computer adaptive assessments. This paragraph applies only to
23pupils attending the school under s. 118.60 or 119.23.
AB517-ASA1-AA2,4
1Section 4. 118.016 (1) (c) of the statutes, as created by 2015 Wisconsin Act 55,
2is amended to read:
AB517-ASA1-AA2,3,93 118.016 (1) (c) The department shall pay to the school board or, operator, or
4governing body,
from the appropriation under s. 20.255 (1) (f), the per pupil cost of
5the selected assessment. If the appropriation under s. 20.255 (1) (f) in any fiscal year
6is insufficient to pay the full amount of aid under this paragraph, the state
7superintendent shall prorate state aid payments among the school boards and,
8governing bodies of private schools, and
operators of charter schools entitled to the
9aid.
AB517-ASA1-AA2,5 10Section 5. 118.016 (1g) of the statutes, as affected by 2015 Wisconsin Act 55,
11is amended to read:
AB517-ASA1-AA2,3,1512 118.016 (1g) If a pupil is enrolled in a special education program under subch.
13V of ch. 115, the school board or, operator of the charter school under s. 118.40 (2r)
14or (2x), or governing body of the private school under s. 118.60 or 119.23 shall comply
15with s. 115.77 (1m) (bg).
AB517-ASA1-AA2,6 16Section 6. 118.016 (1r) of the statutes, as affected by 2015 Wisconsin Act 55,
17is amended to read:
AB517-ASA1-AA2,3,2018 118.016 (1r) The school board or , operator of the charter school, or governing
19body of the private school under s. 118.60 or 119.23
shall report the results of a pupil's
20assessment under sub. (1) to the pupil's parent or guardian.
AB517-ASA1-AA2,7 21Section 7. 118.016 (2) of the statutes, as affected by 2015 Wisconsin Act 55,
22is amended to read:
AB517-ASA1-AA2,4,223 118.016 (2) The school board of the school district or, operator of the charter
24school, or governing body of the private school in which the pupil is enrolled shall
25provide a pupil whose assessment under sub. (1) indicates that he or she is at risk

1of reading difficulty with interventions or remedial reading services, as described
2under s. 121.02 (1) (c).".
AB517-ASA1-AA2,4,3 34. Page 4, line 10: after that line insert:
AB517-ASA1-AA2,4,4 4" Section 8. 118.19 (1) of the statutes is amended to read:
AB517-ASA1-AA2,4,95 118.19 (1) Except as provided in s. 118.40 (8) (b) 2., any person seeking to teach
6in a public school, including a charter school, in a private school participating in a
7parental choice program under s. 118.60 or 119.23,
or in a school or institution
8operated by a county or the state shall first procure a license or permit from the
9department.
AB517-ASA1-AA2,9 10Section 9. 118.30 (5m) of the statutes, as affected by 2015 Wisconsin Act 55,
11is amended to read:
AB517-ASA1-AA2,4,1812 118.30 (5m) When determining the percentage of pupils participating in the
13program under s. 119.23 who performed at designated proficiency levels on the
14examinations administered as required under sub. (1s) or s. 118.301 (3), the
15department shall consider only the pupils participating in the program under s.
16119.23 to whom the examinations were administered at each grade level, and shall

17not exclude from consideration those pupils participating in the program under s.
18119.23 who were excused from taking the examinations under sub. (2) (b) 5.
AB517-ASA1-AA2,10 19Section 10. 118.305 (1) (gm) of the statutes is created to read:
AB517-ASA1-AA2,4,2220 118.305 (1) (gm) "Pupil" excludes pupils who are attending a private school
21participating in a parental choice program under s. 118.60 or 119.23 but not under
22the parental choice program.
AB517-ASA1-AA2,11 23Section 11. 118.305 (1) (h) of the statutes, as affected by 2015 Wisconsin Act
2455
, is amended to read:
AB517-ASA1-AA2,5,3
1118.305 (1) (h) "School" means a public school, including a charter school, and
2a private school participating in the program under s. 115.7915 , and a private school
3participating in a parental choice program under s. 118.60 or 119.23
.
AB517-ASA1-AA2,12 4Section 12. 118.305 (3) (e) of the statutes is amended to read:
AB517-ASA1-AA2,5,65 118.305 (3) (e) It does not constitute corporal punishment, as defined in s.
6118.31 (1) (a).
AB517-ASA1-AA2,13 7Section 13. 118.31 (1) of the statutes is renumbered 118.31 (1) (intro.) and
8amended to read:
AB517-ASA1-AA2,5,99 118.31 (1) (intro.) In this section, " corporal:
AB517-ASA1-AA2,5,15 10(a) "Corporal punishment" means the intentional infliction of physical pain
11which is used as a means of discipline. "Corporal punishment" includes, but is not
12limited to, paddling, slapping or prolonged maintenance of physically painful
13positions, when used as a means of discipline. "Corporal punishment" does not
14include actions consistent with an individualized education program developed
15under s. 115.787 or reasonable physical activities associated with athletic training.
AB517-ASA1-AA2,14 16Section 14. 118.31 (1) (b) of the statutes is created to read:
AB517-ASA1-AA2,5,1917 118.31 (1) (b) "Private school" means a private school, as defined in s. 115.001
18(3r), that is participating in any parental choice program under ss. 118.60 and
19119.23.
AB517-ASA1-AA2,15 20Section 15. 118.31 (2) of the statutes is amended to read:
AB517-ASA1-AA2,5,2321 118.31 (2) Except as provided in sub. (3), no official, employee, or agent of a
22school board or of a private school may subject a pupil enrolled in the school district
23or in the private school to corporal punishment.
AB517-ASA1-AA2,16 24Section 16. 118.31 (3) (intro.) of the statutes is amended to read:
AB517-ASA1-AA2,6,2
1118.31 (3) (intro.) Subsection (2) does not prohibit an official, employee, or
2agent of a school board or of a private school from:
AB517-ASA1-AA2,17 3Section 17. 118.31 (4) of the statutes is amended to read:
AB517-ASA1-AA2,6,104 118.31 (4) Each school board and each private school shall adopt a policy that
5allows any official, employee, or agent of the school board or private school to use
6reasonable and necessary force for the purposes of sub. (3) (a) to (h). In determining
7whether or not a person an official, employee, or agent of a school board or of a private
8school
was acting within the exceptions in sub. (3), deference shall be given to
9reasonable, good faith judgments made by an the official, employee, or agent of a
10school board
.
AB517-ASA1-AA2,18 11Section 18. 118.31 (5) of the statutes is amended to read:
AB517-ASA1-AA2,6,1712 118.31 (5) Except as provided in s. 939.61 (1), this section does not create a
13separate basis for civil liability of a school board or of a private school or their
14officials, employees or agents
of an official, employee, or agent of the school board or
15private school
for damages arising out of claims involving allegations of improper or
16unnecessary use of force by a school employees official, employee, or agent against
17students a pupil.
AB517-ASA1-AA2,19 18Section 19. 118.31 (6) of the statutes is amended to read:
AB517-ASA1-AA2,6,2219 118.31 (6) Nothing in this section shall prohibit, permit, or otherwise affect any
20action taken by an official, employee, or agent of a school board or private school with
21regard to a person who is not a pupil enrolled in the school district or in the private
22school
.
AB517-ASA1-AA2,20 23Section 20. 118.33 (1) (f) 5. of the statutes is created to read:
AB517-ASA1-AA2,7,324 118.33 (1) (f) 5. Beginning in the 2016-17 school year, the governing body of
25each private school participating in a parental choice program under s. 118.60 or

1119.23 shall include in its policy under subd. 2m. or 2r. the requirements for granting
2a high school diploma specified in pars. (a) and (b), with the exceptions provided in
3pars. (d) and (e).
AB517-ASA1-AA2,21 4Section 21. 118.60 (2) (a) (intro.) of the statutes is amended to read:
AB517-ASA1-AA2,7,105 118.60 (2) (a) (intro.) Subject to pars. (ag) and (ar), any pupil in grades
6kindergarten to 12 who resides within an eligible school district may attend any
7private school under this section and, subject to pars. (ag), (ar), (be), (bm), and (bs),
8any pupil in grades kindergarten to 12 who resides in a school district, other than
9an eligible school district or a 1st class city school district, may attend any private
10school under this section if all of the following apply:
AB517-ASA1-AA2,22 11Section 22. 118.60 (2) (a) 1. a. of the statutes, as affected by 2015 Wisconsin
12Act 55
, is amended to read:
AB517-ASA1-AA2,7,2113 118.60 (2) (a) 1. a. Except as provided in par. (bm) subd. 1. am., the pupil is a
14member of a family that has a total family income that does not exceed an amount
15equal to 3.0 times the poverty level determined in accordance with criteria
16established by the director of the federal office of management and budget. In this
17subdivision and sub. (3m), family income includes income of the pupil's parents or
18legal guardians. Except as provided in subd. 1. c., the family income of the pupil shall
19be verified as provided in subd. 1. b. A pupil attending a private school under this
20section whose family income increases above the income level in this subd. 1. a. may
21continue to attend a private school under this section.
AB517-ASA1-AA2,23 22Section 23. 118.60 (2) (a) 1. am. of the statutes is created to read:
AB517-ASA1-AA2,8,523 118.60 (2) (a) 1. am. Beginning in the 2016-17 school year, the pupil is a
24member of a family that has a total family income that does not exceed an amount
25equal to 1.85 times the poverty level determined in accordance with criteria

1established by the director of the federal office of management and budget. The
2family income of the pupil shall be verified as provided in subd. 1. b. A pupil
3attending a private school under this section whose family income increases above
4the income level in this subd. 1. am. may continue to attend a private school under
5this section.
AB517-ASA1-AA2,24 6Section 24. 118.60 (2) (a) 6m. of the statutes is created to read:
AB517-ASA1-AA2,8,107 118.60 (2) (a) 6m. All instructional staff employed by the private school hold
8a license or permit to teach issued by the department. For purposes of this
9subdivision, "instructional staff" has the meaning given in the rules promulgated by
10the department under s. 121.02 (1) (a) 2.
AB517-ASA1-AA2,25 11Section 25. 118.60 (2) (a) 9. of the statutes is created to read:
AB517-ASA1-AA2,8,1312 118.60 (2) (a) 9. The private school has been in operation for the attendance of
13pupils for at least 2 school years.
AB517-ASA1-AA2,26 14Section 26. 118.60 (2) (a) 10. of the statutes is created to read:
AB517-ASA1-AA2,8,1515 118.60 (2) (a) 10. The private school is located in this state.
AB517-ASA1-AA2,27 16Section 27. 118.60 (2) (bm) of the statutes is repealed.
AB517-ASA1-AA2,28 17Section 28. 118.60 (2) (c) of the statutes is amended to read:
AB517-ASA1-AA2,8,2118 118.60 (2) (c) 1. Notwithstanding par. (a) 6. and 6m., a teacher employed by a
19private school participating in the program under this section who teaches only
20courses in rabbinical studies is not required to have a bachelor's degree or hold a
21license or permit to teach issued by the department
.
AB517-ASA1-AA2,8,2522 2. Notwithstanding par. (a) 6. and 6m., an administrator of a private school
23participating in the program under this section that prepares and trains pupils
24attending the school in rabbinical studies is not required to have a bachelor's degree
25or hold a license or permit to teach issued by the department.
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