This bill provides that the governing body of a private school participating in
the MPCP must adopt academic standards and administer the fourth, eighth, and
tenth grade examinations and the high school graduation examination to pupils
enrolled in the private school under the MPCP. The governing body may either adopt
DPI's examinations or develop its own.
Under current law, by September 1, 2002, each school board and the operator
of each Milwaukee charter school must develop written policies specifying criteria
for granting a high school diploma. Beginning September 1, 2003, neither a school
board nor the operator of a Milwaukee charter school may grant a high school
diploma to any pupil unless the pupil has satisfied the criteria. Similarly, each school
board and each Milwaukee charter school must adopt policies specifying criteria for
promoting a pupil from the fourth grade to the fifth grade and from the eighth grade
to the ninth grade. Beginning September 1, 2002, a pupil may not be promoted
unless he or she satisfies the promotion criteria.
This bill imposes upon private schools participating in the MPCP the same
prohibitions against graduation and promotion (for pupils attending the private
school under the MPCP) that are imposed upon school boards and Milwaukee charter
schools.
Under current law, each school board must administer to all pupils enrolled in
the school district in the third grade, including pupils enrolled in charter schools
(other then Milwaukee charter schools) located in the school district, a standardized
reading test developed by DPI. The Milwaukee charter schools are required to
administer this test to their third grade pupils. Private schools participating in the
MPCP are not required to administer this test. This bill imposes this requirement
on these private schools.
This bill requires that DPI provide all of the examinations administered to
MPCP pupils, and score the examinations, free of charge. The bill also prohibits DPI
from disclosing the results of the examinations administered to MPCP pupils, except
that DPI must publish the aggregate results and must report each pupil's scores to
the pupil's parent or guardian.
For further information see the state and local 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:
AB173, s. 1 1Section 1. 118.30 (1g) (a) 1. of the statutes is amended to read:
AB173,3,32 118.30 (1g) (a) 1. By August 1, 1998, each school board shall adopt pupil
3academic standards in mathematics, science, reading and writing, geography, and

1history. If the governor has issued The school board may adopt the pupil academic
2standards issued by the governor as an executive order under s. 14.23, the school
3board may adopt those standards
no. 326, dated January 13, 1998.
AB173, s. 2 4Section 2. 118.30 (1g) (a) 3. of the statutes is created to read:
AB173,3,115 118.30 (1g) (a) 3. By January 1, 2002, or by January 1 of the first school year
6in which the private school participates in the program under s. 119.23, whichever
7is later, the governing body of each private school participating in the program under
8s. 119.23 shall adopt pupil academic standards in mathematics, science, reading and
9writing, geography, and history. The governing body of the private school may adopt
10the pupil academic standards issued by the governor as executive order no. 326,
11dated January 13, 1998.
AB173, s. 3 12Section 3. 118.30 (1g) (b) of the statutes is amended to read:
AB173,4,213 118.30 (1g) (b) Each school board operating high school grades and, each
14operator of a charter school under s. 118.40 (2r) that operates high school grades, and
15the governing body of each private school participating in the program under s.
16119.23 that operates high school grades
shall adopt a high school graduation
17examination that is designed to measure whether pupils meet the pupil academic
18standards adopted by the school board or, operator of the charter school, or governing
19body of the private school
under par. (a). If the school board or, operator of the charter
20school, or governing body of the private school has adopted the pupil academic
21standards issued as executive order no. 326, dated January 13, 1998, the school
22board or, operator of the charter school , or governing body of the private school may
23adopt the high school graduation examination developed by the department under
24sub. (1) (b). If a school board or, operator of a charter school, or governing body of a
25private school
develops and adopts its own high school graduation examination, it

1shall notify the department annually by October 1 that it intends to administer the
2examination in the following school year.
AB173, s. 4 3Section 4. 118.30 (1g) (c) of the statutes is amended to read:
AB173,4,124 118.30 (1g) (c) Each school board operating elementary grades and, each
5operator of a charter school under s. 118.40 (2r) that operates elementary grades, and
6the governing body of each private school participating in the program under s.
7119.23 that operates elementary grades
may develop or adopt its own examination
8designed to measure pupil attainment of knowledge and concepts in the 4th grade
9and may develop or adopt its own examination designed to measure pupil attainment
10of knowledge and concepts in the 8th grade. If the school board or, operator of the
11charter school, or governing body of the private school develops or adopts an
12examination under this paragraph, it shall notify the department.
AB173, s. 5 13Section 5. 118.30 (1s) of the statutes is created to read:
AB173,4,1514 118.30 (1s) Annually the governing body of each private school participating
15in the program under s. 119.23 shall do all of the following:
AB173,4,2216 (a) 1. Except as provided in sub. (6), administer the 4th grade examination
17adopted or approved by the state superintendent under sub. (1) (a) to all pupils
18attending the 4th grade in the private school under s. 119.23. Beginning on July 1,
192002, if the governing body of the private school has not developed or adopted its own
204th grade examination, the governing body of the private school shall provide a pupil
21with at least 2 opportunities to take the examination administered under this
22subdivision.
AB173,5,223 2. Beginning on July 1, 2002, if the governing body of the private school has
24developed or adopted its own 4th grade examination, administer that examination
25to all pupils attending the 4th grade in the private school under s. 119.23. The

1governing body of the private school shall provide a pupil with at least 2
2opportunities to take the examination administered under this subdivision.
AB173,5,93 (am) 1. Except as provided in sub. (6), administer the 8th grade examination
4adopted or approved by the state superintendent under sub. (1) (a) to all pupils
5attending the 8th grade in the private school under s. 119.23. Beginning on
6July 1, 2002, if the governing body of the private school has not developed and
7adopted its own 8th grade examination, the governing body of the private school shall
8provide a pupil with at least 2 opportunities to take the examination administered
9under this subdivision.
AB173,5,1410 2. Beginning on July 1, 2002, if the governing body of the private school has
11developed or adopted its own 8th grade examination, administer that examination
12to all pupils attending the 8th grade in the private school under s. 119.23. The
13governing body of the private school shall provide a pupil with at least 2
14opportunities to take the examination administered under this subdivision.
AB173,5,1615 (b) Administer the 10th grade examination to all pupils attending the 10th
16grade in the private school under s. 119.23.
AB173,5,2317 (d) If the private school operates high school grades, beginning in the 2002-03
18school year administer the high school graduation examination adopted by the
19governing body of the private school under sub. (1g) (b) to all pupils attending the
2011th and 12th grades at the private school under s. 119.23. The governing body of
21the private school shall administer the examination at least twice each school year
22and may administer the examination only to pupils attending the 11th and 12th
23grades.
AB173, s. 6 24Section 6. 118.30 (2) (b) 1. of the statutes is amended to read:
AB173,6,4
1118.30 (2) (b) 1. If a pupil is enrolled in a special education program under
2subch. V of ch. 115, the school board or, operator of the a charter school under s. 118.40
3(2r), or governing body of a private school participating in the program under s.
4119.23
shall comply with s. 115.77 (1m) (bg).
AB173, s. 7 5Section 7. 118.30 (2) (b) 2. of the statutes is amended to read:
AB173,6,126 118.30 (2) (b) 2. According to criteria established by the state superintendent
7by rule, the school board or, operator of the a charter school under s. 118.40 (2r), or
8governing body of a private school participating in the program under s. 119.23
may
9determine not to administer an examination under this section to a limited-English
10proficient pupil, as defined under s. 115.955 (7), may permit the pupil to be examined
11in his or her native language, or may modify the format and administration of an
12examination for such pupils.
AB173, s. 8 13Section 8. 118.30 (2) (b) 5. of the statutes is created to read:
AB173,6,1614 118.30 (2) (b) 5. Upon the request of a pupil's parent or guardian, the governing
15body of a private school participating in the program under s. 119.23 shall excuse the
16pupil from taking an examination administered under sub. (1s).
AB173, s. 9 17Section 9. 118.30 (6) of the statutes is amended to read:
AB173,7,218 118.30 (6) A school board and, an operator of a charter school under s. 118.40
19(2r), and the governing body of a private school participating in the program under
20s. 119.23
is not required to administer the 4th and 8th grade examinations adopted
21or approved by the state superintendent under sub. (1) if the school board or, the
22operator of the charter school, or the governing body of the private school administers
23its own 4th and 8th grade examinations, the school board or , operator of the charter
24school, or governing body of the private school provides the state superintendent
25with statistical correlations of those examinations with the examinations adopted or

1approved by the state superintendent under sub. (1), and the federal department of
2education approves.
AB173, s. 10 3Section 10. 118.30 (7) of the statutes is created to read:
AB173,7,54 118.30 (7) (a) The department shall provide the examinations administered
5under sub. (1s) and score the examinations free of charge.
AB173,7,76 (b) The department may not disclose the results of the examinations
7administered under sub. (1s) except as follows:
AB173,7,98 1. The department shall publish the aggregate results of all of the examinations
9provided to the department.
AB173,7,1110 2. The department shall report each pupil's scores to the pupil's parent or
11guardian.
AB173, s. 11 12Section 11. 118.33 (1) (f) 2m. of the statutes is created to read:
AB173,7,1813 118.33 (1) (f) 2m. By September 1, 2002, the governing body of each private
14school participating in the program under s. 119.23 shall develop a policy specifying
15criteria for granting a high school diploma to pupils attending the private school
16under s. 119.23. The criteria shall include the pupil's score on the examination
17administered under s. 118.30 (1s) (d), the pupil's academic performance, and the
18recommendations of teachers.
AB173, s. 12 19Section 12. 118.33 (1) (f) 3. of the statutes is amended to read:
AB173,8,220 118.33 (1) (f) 3. Beginning September 1, 2003, neither a school board nor an
21operator of a charter school under s. 118.40 (2r) may grant a high school diploma to
22any pupil unless the pupil has satisfied the criteria specified in the school board's or
23charter school's policy under subd. 1. or 2. Beginning September 1, 2003, the
24governing body of a private school participating in the program under s. 119.23 may
25not grant a high school diploma to any pupil attending the private school under s.

1119.23 unless the pupil has satisfied the criteria specified in the governing body's
2policy under subd. 2m.
AB173, s. 13 3Section 13. 118.33 (6) (c) of the statutes is created to read:
AB173,8,124 118.33 (6) (c) 1. The governing body of each private school participating in the
5program under s. 119.23 shall adopt a written policy specifying the criteria for
6promoting a pupil who is attending the private school under s. 119.23 from the 4th
7grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall
8include the pupil's score on the examination administered under s. 118.30 (1s) (a) or
9(am), unless the pupil has been excused from taking the examination under s. 118.30
10(2) (b); the pupil's academic performance; the recommendations of teachers, which
11shall be based solely on the pupil's academic performance; and any other academic
12criteria specified by the governing body of the private school.
AB173,8,1813 2. Beginning on September 1, 2002, the governing body of a private school
14participating in the program under s. 119.23 may not promote a 4th grade pupil who
15is attending the private school under s. 119.23 to the 5th grade, and may not promote
16an 8th grade pupil who is attending the private school under s. 119.23 to the 9th
17grade, unless the pupil satisfies the criteria for promotion specified in the governing
18body's policy under subd. 1.
AB173, s. 14 19Section 14. 119.23 (10) of the statutes is created to read:
AB173,8,2220 119.23 (10) Each private school participating in the program under this section
21shall administer to the pupils attending the 3rd grade in the private school under this
22section a standardized reading test developed by the department.
AB173,8,2323 (End)
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