LRB-3779/2
PG:wlj&jld:jf
2003 - 2004 LEGISLATURE
December 30, 2003 - Introduced by Senators Moore, Jauch, Carpenter, Coggs,
Erpenbach, Hansen, Robson, Chvala, Decker, Wirch, Breske, M. Meyer
and
Plale, cosponsored by Representatives Jeskewitz, Hines, Sinicki, Morris,
Colon, Taylor, Turner, Cullen, J. Lehman, Richards, Zepnick, Pocan,
Berceau
and Miller. Referred to Committee on Education, Ethics and
Elections.
SB363,1,5 1An Act to repeal 119.23 (7) (b); to renumber 119.23 (1) (a); to renumber and
2amend
119.23 (7) (am); and to create 119.23 (1) (am), 119.23 (7) (am) 2. and
33., 119.23 (7) (d), 119.23 (7) (e), 119.23 (10) and 119.23 (11) of the statutes;
4relating to: the Milwaukee Parental Choice Program and granting
5rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes a number of changes to the Milwaukee Parental Choice
Program (MPCP), under which certain low-income pupils who reside in the city of
Milwaukee may attend participating private schools in the city at state expense. The
changes include the following:
1. The bill requires a private school participating in the MPCP annually to
conduct a criminal background check on all persons employed as instructional staff.
2. With certain exceptions, the bill prohibits a private school participating in
the MPCP from employing a person who has been convicted of any of the specified
felonies for six years following the conviction.
3. The bill requires a private school to submit to the Department of Public
Instruction (DPI), before the school begins participating in the MPCP, a copy of the
school's certificate of occupancy issued by the city of Milwaukee, evidence of financial
viability, and proof that the administrator of the school participated in a fiscal
management training program approved by DPI. Annually, a private school
participating in the MPCP must submit to DPI evidence of sound fiscal practices.

4. The bill authorizes DPI to issue an order banning a private school from
participating in the MPCP in the succeeding school year if DPI determines that the
private school misrepresented information provided to DPI, failed to provide certain
information to DPI by the date or within the period required, failed to refund
overpayments to the state by the date required, or failed to meet at least one of the
currently required academic or other standards by the required date.
5. The bill authorizes DPI to issue an order immediately terminating a private
school's participation in the MPCP if DPI determines that conditions at the private
school present an imminent danger to the health or safety of pupils or that the
private school failed to provide certain information to DPI by the date or within the
period required.
6. Finally, the bill authorizes DPI to withhold payment from a private school
participating in the MPCP if the private school violates any law or administrative
rule governing the MPCP.
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:
SB363, s. 1 1Section 1. 119.23 (1) (a) of the statutes is renumbered 119.23 (1) (ar).
SB363, s. 2 2Section 2. 119.23 (1) (am) of the statutes is created to read:
SB363,2,53 119.23 (1) (am) "Instructional staff" means professional employees who have
4as part of their responsibilities direct contact with pupils or with the instructional
5program of the private school, and employees who supervise such employees.
SB363, s. 3 6Section 3. 119.23 (7) (am) of the statutes is renumbered 119.23 (7) (am) (intro.)
7and amended to read:
SB363,2,128 119.23 (7) (am) (intro.) Each private school participating in the program under
9this section is subject to uniform financial accounting standards established by the
10department and annually. Annually by September 1 following a school year in which
11a private school participated in the program under this section, the private school

12shall submit to the department an all of the following:
SB363,3,3
11. An independent financial audit of the private school conducted by a certified
2public accountant, accompanied by the auditor's statement that the report is free of
3material misstatements and fairly presents pupil costs under sub. (4) (b) 1
.
SB363, s. 4 4Section 4. 119.23 (7) (am) 2. and 3. of the statutes are created to read:
SB363,3,65 119.23 (7) (am) 2. Evidence of sound fiscal practices, as prescribed by the
6department by rule.
SB363,3,87 3. Certification by the auditor under subd. 1. that criminal background checks
8of all instructional staff were conducted as specified under par. (d) 2.
SB363, s. 5 9Section 5. 119.23 (7) (b) of the statutes is repealed.
SB363, s. 6 10Section 6. 119.23 (7) (d) of the statutes is created to read:
SB363,3,1211 119.23 (7) (d) Each private school participating in the program under this
12section shall submit to the department all of the following:
SB363,3,1513 1. By August 1 before the first school term of participation in the program, or
14by May 1 if the private school begins participating in the program during summer
15school, all of the following:
SB363,3,2116 a. A copy of the school's current certificate of occupancy issued by the city. If
17the private school moves to a new location, the private school shall submit a copy of
18the new certificate of occupancy issued by the city to the department before the
19attendance of pupils at the new location and before the next succeeding date specified
20in s. 121.05 (1) (a). A temporary certificate of occupancy does not meet the
21requirement of this subd. 1. a.
SB363,3,2222 b. Evidence of financial viability, as prescribed by the department by rule.
SB363,3,2423 c. Proof that the private school's administrator has participated in a fiscal
24management training program approved by the department.
SB363,4,8
12. Annually by February 1, a notarized statement by a person legally
2authorized to act on behalf of the private school that the private school will conduct
3a criminal background check through the department of justice on each individual
4who will be employed as instructional staff by the private school in the following
5school year. If the individual is a nonresident, the department of justice may provide
6for the submission of information to the federal bureau of investigation for the
7purposes of verifying the identity of the individual and obtaining records of his or her
8criminal arrest and conviction.
SB363, s. 7 9Section 7. 119.23 (7) (e) of the statutes is created to read:
SB363,4,1710 119.23 (7) (e) 1. Notwithstanding subch. II of ch. 111, except as provided in
11subd. 2. a private school participating in the program under this section may not
12employ as instructional staff an individual convicted of any Class A, B, C, D, E, F, G,
13or H felony under ch. 940 or 948, except ss. 940.08 and 940.205, or of any Class BC
14felony under ch. 940 or 948, 1999 stats., for 6 years following the date of the
15conviction, and may employ as instructional staff such an individual after 6 years
16only if the individual establishes by clear and convincing evidence that he or she is
17entitled to be employed.
SB363,4,2218 2. A private school participating in the program under this section may employ
19as instructional staff an individual convicted of a crime enumerated in subd. 1., prior
20to the expiration of the 6-year period following the conviction, if the private school
21receives from the court in which the conviction occurred a certificate stating that the
22conviction has been reversed, set aside, or vacated.
SB363, s. 8 23Section 8. 119.23 (10) of the statutes is created to read:
SB363,5,224 119.23 (10) (a) The state superintendent may issue an order barring a private
25school from participating in the program under this section in the succeeding school

1year if the state superintendent determines that the private school has done any of
2the following:
SB363,5,33 1. Misrepresented information required under sub. (7) (d).
SB363,5,54 2. Failed to provide the notice required under sub. (2) (a) 3., or the information
5required under sub. (7) (am), by the date or within the period specified.
SB363,5,76 3. Failed to refund to the state any overpayment made under sub. (4) (b) or (4m)
7by the date specified by department rule.
SB363,5,98 4. Failed to meet at least one of the standards under sub. (7) (a) by the date
9specified by department rule.
SB363,5,1410 (b) The state superintendent may issue an order immediately terminating a
11private school's participation in the program under this section if he or she
12determines that conditions at the private school present an imminent threat to the
13health or safety of pupils or that the private school has failed to provide the
14information required under sub. (7) (d) by the date or within the period specified.
SB363,5,1715 (c) Whenever the state superintendent issues an order under par. (a) or (b), he
16or she shall immediately notify the parent or guardian of each pupil attending the
17private school under this section.
SB363,5,2018 (d) The state superintendent may withhold payment from a parent or guardian
19under subs. (4) and (4m) if the private school attended by the child of the parent or
20guardian violates this section.
SB363, s. 9 21Section 9. 119.23 (11) of the statutes is created to read:
SB363,5,2322 119.23 (11) The department shall promulgate rules to implement and
23administer this section.
SB363, s. 10 24Section 10. Nonstatutory provisions.
SB363,6,4
1(1) Notwithstanding section 119.23 (7) (d) 2. of the statutes, as created by this
2act, if this subsection takes effect on or after January 1, 2004, the first notarized
3statement required under that subdivision is due within 60 days after the effective
4date of this subsection.
SB363, s. 11 5Section 11. Initial applicability.
SB363,6,96 (1) This act first applies to private schools that participate in the Milwaukee
7Parental Choice Program under section 119.23 of the statutes in the 2004-05 school
8year, except that the treatment of section 119.23 (7) (am) 3. of the statutes first
9applies to certifications under that subdivision that are due by September 1, 2005.
SB363,6,1010 (End)
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