SB21-SSA1,959,1513 (c) The governing body of a private school participating in the program under
14this section shall notify the department when it accepts a child's application to attend
15the private school under a scholarship awarded under this section.
SB21-SSA1,959,20 16(4) Department duties. (a) 1. The department shall develop a document for
17inclusion with an application under sub. (2) (f), and revise it as necessary, comparing
18the rights of a child with a disability and of his or her parent under this subchapter,
19other than this section, and 20 USC 1400 to 1482, with the rights of a child with a
20disability and of his or her parent under this section and 20 USC 1400 to 1482.
SB21-SSA1,959,2521 2. Receipt by an applicant of the document developed under subd. 1.,
22acknowledged in a format prescribed by the department, constitutes notice that the
23applicant has been informed of his or her rights under this section and 20 USC 1400
24to 1482. Subsequent acceptance of a scholarship under this section constitutes the
25applicant's informed acknowledgment of the rights specified in the document.
SB21-SSA1,960,5
1(b) Upon being notified under sub. (3) (c), the department shall notify the child's
2resident school board that the child has been awarded a scholarship under this
3section. The child's resident school board shall, within 3 days of receiving the notice,
4provide the department and the governing body of the private school that accepted
5the child with a copy of the child's individualized education program.
SB21-SSA1,960,9 6(4m) Scholarship payments; state aid reduction. (a) Subject to par. (c), from
7the appropriation under s. 20.255 (2) (az), the department shall pay the private
8school a child attends under the scholarship program under this section, on behalf
9of a child's parent or guardian, the following amount:
SB21-SSA1,960,1010 1. In the 2016-17 school year, $12,000.
SB21-SSA1,960,1611 2. Beginning in the 2017-18 school year, the sum of the scholarship amount
12under this paragraph for the previous school year; the amount of the per pupil
13revenue limit adjustment under s. 121.91 (2m) for the current school year, if positive;
14and the change in the amount of statewide categorical aid per pupil between the
15previous school year and the current school year, as determined under s. 118.40 (2r)
16(e) 2p., if positive.
SB21-SSA1,960,2017 (b) The department shall pay 25 percent of the total amount under par. (a) in
18September, 25 percent in November, 25 percent in February, and 25 percent in May.
19Each installment may consist of a single check for all children attending the private
20school who are receiving a scholarship under par. (a).
SB21-SSA1,960,2421 (c) The department may not make a scholarship payment under par. (a) to a
22private school on behalf of a child's parent or guardian unless the child's parent or
23guardian has acknowledged receiving the private school's profile under sub. (6) (g)
24in the manner provided by the department.
SB21-SSA1,961,4
1(d) Except as provided in par. (e), a scholarship awarded to a child for the child
2to attend a private school under par. (a) continues until the child graduates from high
3school or until the end of the school term in which the child attains the age of 21,
4whichever comes first.
SB21-SSA1,961,85 (e) 1. If an individualized education program team, upon reevaluation of a child
6under sub. (5) (c), unanimously determines that a child receiving a scholarship under
7par. (a) is no longer a child with a disability, the child is not eligible to receive a
8scholarship under par. (a) beginning in the school term following the determination.
SB21-SSA1,961,179 2. If a child who has been determined to be ineligible under subd. 1. continues
10to attend the private school he or she attended under a scholarship awarded under
11par. (a), for each school year the child attends the private school beginning with the
12school year following the determination under subd. 1., the department shall pay,
13from the appropriation under s. 20.255 (2) (az), to the private school, on behalf of the
14child's parent or guardian, an amount equal to the appropriate per pupil amount paid
15to a private school participating in a parental choice program under s. 118.60 or
16119.23 in that school year. The department shall make scholarship payments under
17this paragraph in accordance with payment schedule specified in s. 119.23 (4) (c).
SB21-SSA1,961,2018 (f) 1. Beginning in the 2016-17 school year, subject to s. 121.085 (1), the
19department shall decrease a school district's state aid payment under s. 121.08 by
20an amount calculated as follows:
SB21-SSA1,961,2221 a. Determine the number of pupils residing in the school district for whom a
22payment is made under par. (a) in that school year.
SB21-SSA1,961,2423 b. Multiply the number of pupils under subd. 1. a. by the per pupil amount
24calculated under par. (a) for that school year.
SB21-SSA1,962,2
1c. Determine the number of pupils residing in the school district for whom a
2payment is made under par. (e) in that school year.
SB21-SSA1,962,43 d. Multiply the number of pupils under subd. 1. c. by the per pupil amount paid
4under par. (e) for that school year.
SB21-SSA1,962,55 e. Sum the amounts calculated under subd. 1. b. and d.
SB21-SSA1,962,96 2. If the state aid payment under s. 121.08 is insufficient to cover the reduction
7under subd. 1., as determined under s. 121.085 (2), the department shall decrease
8other state aid payments made by the department to the school district by the
9remaining amount.
SB21-SSA1,962,1210 3. The department shall ensure that the decrease under subd. 1. does not affect
11the amount determined to be received by a school district as state aid under s. 121.08
12for any other purpose.
SB21-SSA1,962,15 13(5) School board duties. (a) Annually, each school board shall notify the
14parents of each child with a disability enrolled in the school district of the program
15under this section.
SB21-SSA1,962,1916 (b) Upon the request of a parent of a child receiving a scholarship under this
17section, the child's resident school board shall administer the appropriate
18examinations under s. 118.30 to the child at no cost if the private school the child
19attends does not administer them.
SB21-SSA1,962,2220 (c) The resident school board of a child receiving a scholarship under this
21section shall ensure that the child's individualized education program team
22reevaluates the child as provided in s. 115.782 (4).
SB21-SSA1,962,24 23(6) Private school duties. Each private school participating in the program
24under this section or receiving a payment under sub. (4m) shall do all of the following:
SB21-SSA1,963,2
1(a) Comply with all health and safety laws or codes that apply to private
2schools.
SB21-SSA1,963,93 (b) Hold a valid certificate of occupancy, if required by the municipality in which
4the school is located. If the municipality in which the school is located does not issue
5certificates of occupancy, the private school shall obtain a certificate of occupancy
6issued by the local or regional governmental unit with authority to issue certificates
7of occupancy or submit to the department a letter or form from the municipality in
8which the private school is located that explains that the municipality does not issue
9certificates of occupancy.
SB21-SSA1,963,1010(c) Comply with 42 USC 2000d.
SB21-SSA1,963,1411 (d) Conduct criminal background investigations of its employees and exclude
12from employment any person not permitted to hold a teaching license as the result
13of an offense and any person who might reasonably be believed to pose a threat to the
14safety of others.
SB21-SSA1,963,2115 (e) Annually submit to the department a school financial information report,
16prepared by a certified public accountant, that complies with uniform financial
17accounting standards established by the department by rule. The report shall be
18accompanied by an auditor's statement that the report is free of material
19misstatements and fairly represents pupil costs. The report shall be limited in scope
20to those records that are necessary for the department to make payments to the
21private school.
SB21-SSA1,963,2422 (f) If the private school expects to receive at least $50,000 in scholarships under
23this section during a school year, do one of the following before the beginning of the
24school year:
SB21-SSA1,964,3
11. File with the department a surety bond payable to the state in an amount
2equal to 25 percent of the total amount of scholarships expected to be received by the
3private school during the school year under this section.
SB21-SSA1,964,74 2. File with the department financial information demonstrating that the
5private school has the ability to pay an amount equal to the total amount of
6scholarships expected to be received by the private school during the school year
7under this section.
SB21-SSA1,964,128 (g) Provide to each applicant under sub. (2) (f) a profile of the private school's
9special education program, in a form prescribed by the department, that includes the
10methods of instruction that will be used by the school to provide special education
11and related services to the child and the qualifications of the teachers and other
12persons who will be providing special education and related services to the child.
SB21-SSA1,964,1713 (h) 1. Implement the child's most recent individualized education program or
14services plan, as modified by agreement between the private school and the child's
15parent, and related services agreed to by the private school and the child's parent
16that are not included in the child's individualized education program or services
17plan.
SB21-SSA1,964,2118 2. Provide a record of the implementation of the child's individualized
19education program or services plan under subd. 1., including an evaluation of the
20child's progress, to the school board of the school district in which the child resides
21in the form and manner prescribed by the department.
SB21-SSA1,964,2322 (i) Regularly report to the parent of a child attending the private school and
23receiving a scholarship under this section on the child's progress.
SB21-SSA1,965,3
1(7) Transportation. Section 121.54 applies to the transportation of a child to
2and from the private school he or she is attending under a scholarship awarded under
3this section.
SB21-SSA1,965,6 4(8) Penalties. (a) The department may bar a private school from participating
5in the program under this section if the department determines that the private
6school has done any of the following:
SB21-SSA1,965,87 1. Intentionally and substantially misrepresented information required under
8sub. (6).
SB21-SSA1,965,99 2. Routinely failed to comply with the standards under sub. (6) (e) or (f).
SB21-SSA1,965,1210 3. Used a child's scholarship for any purpose other than educational purposes
11or rebated, refunded, or shared a child's scholarship with a child or a child's parent
12or guardian.
SB21-SSA1,965,1313 4. Failed to refund to the state, within 60 days, any scholarship overpayments.
SB21-SSA1,965,1814 (b) If the department bars a private school from participating in the program
15under this section, it shall notify all children eligible to participate in the program
16and their parents as quickly as possible. A child who is receiving a scholarship and
17attending a private school barred from the program may continue to receive the
18scholarship if the child attends another participating private school.
SB21-SSA1,965,21 19(9) Study. (a) The legislative audit bureau shall contract for a study of the
20program under this section with one or more researchers who have experience
21evaluating school choice programs. The study shall evaluate all of the following:
SB21-SSA1,965,2322 1. The level of satisfaction with the program expressed by participating
23children and their parents.
SB21-SSA1,966,3
12. The percentage of participating children who were victimized because of
2their special needs at their resident school district and the percentage of such
3children at their participating school.
SB21-SSA1,966,64 3. The percentage of participating children who exhibited behavioral problems
5at their resident school district and the percentage of such children at their
6participating school.
SB21-SSA1,966,87 4. The average class size at participating children's resident school districts
8and at their participating schools.
SB21-SSA1,966,99 5. The fiscal impact of the program on the state and on resident school districts.
SB21-SSA1,966,1110 (b) The contract under par. (a) shall require the researchers who conduct the
11study to do all of the following:
SB21-SSA1,966,1312 1. Apply appropriate analytical and behavioral science methodologies to
13ensure public confidence in the study.
SB21-SSA1,966,1414 2. Protect the identity of participating schools and children.
SB21-SSA1,966,1715 (c) The contract under par. (a) shall require that the results of the study be
16reported to the appropriate standing committees of the legislature under s. 13.172
17(3) by January 9, 2019.
SB21-SSA1,966,19 18(10) Rules. The department shall promulgate rules to implement and
19administer this section, including rules relating to all of the following:
SB21-SSA1,966,2120 (a) The eligibility and participation of eligible schools, including timelines that
21maximize child and school participation.
SB21-SSA1,966,2222 (b) The calculation and distribution of scholarships.
SB21-SSA1,966,2323 (c) The application and approval procedures for children and eligible schools.
SB21-SSA1,3225 24Section 3225. 115.792 (1) (b) of the statutes is amended to read:
SB21-SSA1,967,7
1115.792 (1) (b) The local educational agency shall establish and maintain
2procedures to ensure that a child's parents are provided prior written notice
3whenever the local educational agency proposes to initiate or change, or refuses to
4initiate or change, the identification, evaluation or educational placement of the
5child, or the provision of a free appropriate public education to the child. In this
6paragraph, "local educational agency" includes the nonresident school district that
7a child is attending under s. 118.50, 118.51, or 121.84 (1) (a) or (4).
SB21-SSA1,3226 8Section 3226. 115.792 (3) (a) of the statutes is amended to read:
SB21-SSA1,967,119 115.792 (3) (a) In this subsection, "local educational agency" includes the
10nonresident school district that a child is attending under s. 118.50, 118.51, or 121.84
11(1) (a) or (4).
SB21-SSA1,3227 12Section 3227. 115.80 (8) of the statutes is amended to read:
SB21-SSA1,967,2013 115.80 (8) Except as provided in 20 USC 1415 (k), during the pendency of any
14proceedings under this section, the local educational agency may not change the
15educational placement of a child unless the child's parents agree to the change. If
16the child is applying for initial admission to a public school, the child shall, with the
17consent of the child's parents, be placed in the public school program until all
18proceedings under this section have been completed. In this subsection, " local
19educational agency" includes the nonresident school district that a child is attending
20under s. 118.50, 118.51, or 121.84 (1) (a) or (4).
SB21-SSA1,3228 21Section 3228. 115.82 (2) (c) of the statutes is created to read:
SB21-SSA1,967,2422 115.82 (2) (c) If the child is attending a public school in a nonresident school
23district under s. 118.50, the school district specified to do so in the whole grade
24sharing agreement shall provide transportation.
SB21-SSA1,3228g 25Section 3228g. 115.88 (1m) (am) of the statutes is amended to read:
SB21-SSA1,968,14
1115.88 (1m) (am) Subject to par. (b), if the operator of a charter school
2established under s. 118.40 (2r) or (2x) operates a special education program and the
3state superintendent is satisfied that the operator of the charter school is complying
4with 20 USC 1400 to 1491o, the state superintendent shall certify to the department
5of administration in favor of the operator of the charter school a sum equal to the
6amount that the operator of the charter school expended during the previous school
7year for salaries of full-time or part-time licensed teachers, licensed coordinators of
8special education, school nurses, licensed school social workers, licensed school
9psychologists, licensed school counselors, paraprofessionals, licensed consulting
10teachers to work with any teacher of regular education programs who has a child
11with a disability in a class and any other personnel, as determined by the state
12superintendent, as costs eligible for reimbursement from the appropriation under s.
1320.255 (2) (b). The state superintendent may audit costs under this paragraph and
14adjust reimbursement to cover only actual, eligible costs.
SB21-SSA1,3228k 15Section 3228k. 115.88 (2m) of the statutes is amended to read:
SB21-SSA1,969,216 115.88 (2m) Other transportation aid. If the operator of a charter school
17established under s. 118.40 (2r) or (2x) or established as a noninstrumentality
18charter school under s. 118.40 (2m) transports children with disabilities and the
19state superintendent is satisfied that the operator of the charter school is complying
20with 20 USC 1400 to 1491o, the state superintendent shall certify to the department
21of administration in favor of the operator of the charter school a sum equal to the
22amount that the operator of the charter school expended during the previous school
23year for transportation under this subsection as costs eligible for reimbursement
24from the appropriations under s. 20.255 (2) (b). The state superintendent may audit

1costs under this subsection and adjust reimbursement to cover only actual, eligible
2costs.
SB21-SSA1,3229 3Section 3229. 115.88 (8) of the statutes is amended to read:
SB21-SSA1,969,124 115.88 (8) Enrollment out of state. If a child with a disability is enrolled in
5a public special education program located in another state and the state
6superintendent is satisfied that the program in which the child is enrolled complies
7with this subchapter, the state superintendent shall certify to the department of
8administration in favor of the school district in which the child resides or the school
9district attended by the child under s. 118.50, 118.51, or 121.84 (1) (a) or (4) a sum
10equal to the amount expended by the school district during the preceding year for the
11additional costs associated with the child's special education program as costs
12eligible for reimbursement from the appropriation under s. 20.255 (2) (b).
SB21-SSA1,3229c 13Section 3229c. 115.88 (9) of the statutes is amended to read:
SB21-SSA1,969,1814 115.88 (9) Distribution schedule. Each county, cooperative educational
15service agency, operator of a charter school established under s. 118.40 (2r) or (2x)
16and school district entitled to state aid under this section shall receive 15% of its total
17aid entitlement in each month from November to March and 25% of its total
18entitlement in June.
SB21-SSA1,3229f 19Section 3229f. 115.881 (1) of the statutes is amended to read:
SB21-SSA1,970,220 115.881 (1) A school board, board of control of a cooperative educational service
21agency, county children with disabilities education board, or operator of a charter
22school established under s. 118.40 (2r) or (2x) may apply to the department for aid
23under this section if the applicant incurred, in the previous school year, more than
24$30,000 of nonadministrative costs for providing special education and related

1services to a child and those costs were not eligible for reimbursement under s.
2115.88, 115.93, or 118.255, 20 USC 1400 et seq., or federal medicaid.
SB21-SSA1,3229h 3Section 3229h. 115.881 (2) of the statutes is amended to read:
SB21-SSA1,970,74 115.881 (2) For each child whose costs exceeded $30,000 under sub. (1), the
5department shall, from the appropriation under s. 20.255 (2) (bd), pay an eligible
6applicant in the current school year an amount equal to 0.90 0.70 multiplied by that
7portion of the cost under sub. (1) that exceeded $30,000.
SB21-SSA1,3229j 8Section 3229j. 115.883 (1m) of the statutes is created to read:
SB21-SSA1,970,139 115.883 (1m) If, in the 2015-16 school year, a school district is not eligible for
10aid under sub. (1), the department shall, from the appropriation under s. 20.255 (2)
11(be) and in the manner specified under sub. (2) (a) for school districts eligible for aid
12under sub. (1), pay supplemental special education aid to the school district if all of
13the following apply:
SB21-SSA1,970,1514 (a) In the 2014-15 school year, the school district's revenue authority per pupil
15under subch. VII of ch. 121 was below the statewide average.
SB21-SSA1,970,1716 (b) In the 2014-15 school year, the school district's membership, as defined in
17s. 121.004 (5), was less than 2,000 pupils.
SB21-SSA1,970,1918 (c) The school district qualified for aid under this section in the 2013-14 school
19year.
SB21-SSA1,970,2320 (d) In the 2013-14 school year, the school district experienced a natural
21disaster, including a fire, that caused the school district's total costs to increase such
22that the school district's expenditures for special education constituted less than 16
23percent of the school district's total expenditures in the 2014-15 school year.
SB21-SSA1,3229m 24Section 3229m. 115.883 (2) of the statutes is renumbered 115.883 (2) (a) and
25amended to read:
SB21-SSA1,971,8
1115.883 (2) (a) In the 2008-09 school year, the department shall pay each school
2district eligible for aid under this section the same amount. In each school year
3thereafter, the department shall distribute aid under this section to eligible school
4districts proportionally based upon each school district's expenditures for special
5education in the previous school year, except that in any school year a school district,
6other than a school district described in par. (b),
may receive not less than $50,000,
7and not more than $150,000 or an amount equal to 50 percent of the school district's
8expenditures for special education in the previous school year, whichever is less.
SB21-SSA1,3229n 9Section 3229n. 115.883 (2) (b) of the statutes is created to read:
SB21-SSA1,971,1410 115.883 (2) (b) If, at the end of the 2014-15 fiscal year and after distributing
11aid to eligible school districts in the manner specified under par. (a), there are any
12moneys remaining in the appropriation under s. 20.255 (2) (be), the department shall
13distribute the balance of the funds remaining in that appropriation to a school
14district to which all of the following apply:
SB21-SSA1,971,1615 1. In the 2013-14 school year, the school district's revenue authority per pupil
16under subch. VII of ch. 121 was below the statewide average.
SB21-SSA1,971,1817 2. In the 2013-14 school year, the school district's membership, as defined in
18s. 121.004 (5), was less than 2,000 pupils.
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