AB40, s. 2502 14Section 2502. 118.40 (2r) (e) 2. of the statutes is repealed.
AB40, s. 2503 15Section 2503. 118.40 (2r) (f) of the statutes is repealed.
AB40, s. 2504 16Section 2504. 118.40 (3) (d) of the statutes is amended to read:
AB40,977,1917 118.40 (3) (d) A school board or an entity under sub. (2r) (b) shall give
18preference in awarding contracts for the operation of charter schools to those charter
19schools that serve children at risk, as defined in s. 118.153 (1) (a).
AB40, s. 2505 20Section 2505. 118.40 (7) (am) 2. of the statutes is amended to read:
AB40,978,321 118.40 (7) (am) 2. A charter school established under sub. (2r) or a private
22school located in the school district operating under ch. 119 that is converted to a
23charter school is not an instrumentality of any school district and no school board
24may employ any personnel for the charter school. If the chancellor of an institution
25within
the University of Wisconsin-Parkside Wisconsin System contracts for the

1establishment of a charter school under sub. (2r), the board of regents of the
2University of Wisconsin System may employ instructional staff for the charter
3school.
AB40, s. 2506 4Section 2506. 118.40 (8) (d) 2. of the statutes is amended to read:
AB40,978,85 118.40 (8) (d) 2. Ensure that its teachers are available to provide direct pupil
6instruction for at least the applicable number of hours specified in s. 121.02 (1) (f) 2.
7each school year. No more than 10 hours in any 24-hour period may count toward
8the requirement under this subdivision.
AB40, s. 2507 9Section 2507. 118.40 (8) (h) of the statutes is repealed.
AB40, s. 2508 10Section 2508. 118.51 (3) (intro.) of the statutes is created to read:
AB40,978,1311 118.51 (3) (intro.) Except as provided under sub. (3m), the following procedures
12govern pupil applications to attend a public school in a nonresident school district
13under this section:
AB40, s. 2509 14Section 2509. 118.51 (3) (a) 1. of the statutes is amended to read:
AB40,979,215 118.51 (3) (a) 1. The parent of a pupil who wishes to attend a public school in
16a nonresident school district under this section shall submit an application, on a form
17provided by the department under sub. (15) (a), to the school board of the nonresident
18school district that the pupil wishes to attend, not earlier than the first Monday in
19February and not later than the 3rd Friday following the first Monday in February
20last weekday in April of the school year immediately preceding the school year in
21which the pupil wishes to attend. Applications may be submitted to no more than
223 nonresident school boards in any school year. On the 4th Monday in February, the
23The nonresident school board shall send a copy of the application to the pupil's
24resident school board and the department by the end of the first weekday following

1the last weekday in April
. The application may include a request to attend a specific
2school or program offered by the nonresident school district.
AB40, s. 2510 3Section 2510. 118.51 (3) (a) 1m. of the statutes is created to read:
AB40,979,74 118.51 (3) (a) 1m. By the first Friday following the first Monday in May, the
5resident school board shall send to the nonresident school district a copy of the
6individualized education program developed under s. 115.787 (2) for a child with a
7disability whose parent submitted an application under subd. 1.
AB40, s. 2511 8Section 2511. 118.51 (3) (a) 2., 3. and 4. of the statutes are amended to read:
AB40,979,249 118.51 (3) (a) 2. A nonresident school board may not act on any application
10received under subd. 1. until after the 3rd Friday following the first Monday in
11February
before May 1. If a nonresident school board receives more applications for
12a particular grade or program than there are spaces available in the grade or
13program, the nonresident school board shall determine which pupils to accept,
14including pupils accepted from a waiting list under sub. (5) (d), on a random basis,
15after giving preference to pupils and to siblings of pupils who are already attending
16the nonresident school district and, if the nonresident school district is a union high
17school district, to pupils who are attending an underlying elementary school district
18of the nonresident school district under this section. If a nonresident school board
19determines that space is not otherwise available for open enrollment pupils in the
20grade or program to which an individual has applied, the school board may
21nevertheless accept a pupil or the sibling of a pupil who is already attending the
22nonresident school district and, if the nonresident school district is a union high
23school district, a pupil who is attending an underlying elementary school district of
24the nonresident school district under this section.
AB40,980,7
13. On Except as provided under sub. (5) (d) 1., on or before the first Friday
2following the first Monday in April June following receipt of the application, the
3nonresident school board shall notify the applicant, in writing, whether it has
4accepted the application. If the nonresident school board has accepted the applicant,
5the school board shall identify the specific school or program that the applicant may
6attend in the following school year.
If the nonresident school board rejects an
7application, it shall include in the notice the reason for the rejection.
AB40,980,138 4. On or before the first 2nd Friday following the first Monday in April June
9following receipt of a copy of the application, if a resident school board denies a pupil's
10enrollment in a nonresident school district under sub. (6), (7) or (12) (b) 1., the
11resident school board shall notify the applicant and the nonresident school board, in
12writing, that the application has been denied and include in the notice the reason for
13the denial.
AB40, s. 2512 14Section 2512. 118.51 (3) (a) 5. of the statutes is repealed.
AB40, s. 2513 15Section 2513. 118.51 (3) (a) 6. of the statutes is amended to read:
AB40,980,2116 118.51 (3) (a) 6. If Except as provided in sub. (5) (d) 2., if an application is
17accepted, on or before the first last Friday following the first Monday in June
18following receipt of a notice of acceptance, or within 10 days of receiving a notice of
19acceptance if a pupil is selected from a waiting list under s. 118.40 (8) (h) 5. sub. (5)
20(d)
, the pupil's parent shall notify the nonresident school board of the pupil's intent
21to attend school in that school district in the following school year.
AB40, s. 2514 22Section 2514. 118.51 (3) (a) 7. of the statutes is repealed.
AB40, s. 2515 23Section 2515. 118.51 (3) (b) of the statutes is amended to read:
AB40,981,524 118.51 (3) (b) Notice to resident school district. Annually by June 30 July 7,
25each nonresident school board that has accepted a pupil under this section for

1attendance in the following school year shall report the name of the pupil to the
2pupil's resident school board. If a pupil is selected from a waiting list under s. 118.40
3(8) (h) 5., the nonresident school board shall report the name of the pupil to the pupil's
4resident school board within 10 days of receiving notice of the pupil's selection from
5the department.
AB40, s. 2516 6Section 2516. 118.51 (3m) of the statutes is created to read:
AB40,981,147 118.51 (3m) Alternative application procedures under certain
8circumstances.
(a) Notwithstanding sub. (3), the parent of a pupil who wishes to
9attend a public school in a nonresident school district under this section may, in lieu
10of applying under sub. (3), submit an application under this subsection, on a form
11provided by the department under sub. (15) (a), to the school board of the nonresident
12school district that the pupil wants to attend if the pupil satisfies at least one of the
13criteria under par. (b). Applications may be submitted to no more than 3 nonresident
14school boards in any school year.
AB40,981,1715 (b) The parent of a pupil may apply under this subsection only if the pupil meets
16one of the following criteria, and shall describe the criteria that the pupil meets in
17the application:
AB40,981,2218 1. The resident school board determines that the pupil has been the victim of
19a violent criminal offense, as defined by the department by rule. An application
20made on the basis of this criteria is not valid unless the nonresident school board
21receives the application within 30 days after the determination of the resident school
22board.
AB40,982,223 2. The pupil is or has been a homeless pupil in the current or immediately
24preceding school year. In this subdivision, "homeless pupil" means an individual who

1is included in the category of homeless children and youths, as defined in 42 USC
211434a
(2).
AB40,982,43 3. The pupil has been the victim of repeated bullying or harassment and all of
4the following apply:
AB40,982,65 a. The pupil's parent has reported the bullying or harassment to the resident
6school board.
AB40,982,87 b. Despite action taken under subd. 3. a., the repeated bullying and harassment
8continues.
AB40,982,139 4. The place of residence of the pupil's parent or guardian and of the pupil has
10changed as a result of military orders. An application made on the basis of this
11criteria is not valid unless the nonresident school board receives the application no
12later than 30 days after the date on which the military orders changing the place of
13residence were issued.
AB40,982,1614 5. The pupil moved into this state. An application made on the basis of this
15criteria is not valid unless the nonresident school board receives the application no
16later than 30 days after moving into this state.
AB40,982,2217 6. The place of residence of the pupil has changed as a result of a court order
18or custody agreement or because the pupil was placed in a foster home or with a
19person other than the pupil's parent, or removed from a foster home or from the home
20of a person other than the pupil's parent. An application made on the basis of this
21criteria is not valid unless the nonresident school board receives the application no
22later than 30 days after the pupil's change in residence.
AB40,982,2423 7. The parent of the pupil and the nonresident school board agree that
24attending school in the nonresident school district is in the best interests of the pupil.
AB40,983,6
1(c) If a nonresident school board receives an application under par. (a), the
2nonresident school board shall immediately forward a copy of the application to the
3resident school board, and shall notify the applicant, in writing, whether it has
4accepted the application no later than 20 days after receiving the application. If the
5nonresident school board has accepted the application, the nonresident school board
6shall identify the specific school or program that the pupil may attend.
AB40,983,97 (d) A resident school district may notify an applicant under par. (a) that the
8pupil may not attend a school or program in the nonresident school district only for
9the following reasons:
AB40,983,1110 1. The resident school district determines that the criteria relied on by the
11applicant under par. (b) does not apply to the pupil.
AB40,983,2112 2. a. Except as provided in subd. 2. b., the resident school district determines
13that the costs of the special education or related services required in the
14individualized education program under s. 115.787 (2) for a child with a disability
15whose parent has submitted an application under par. (a), as proposed to be
16implemented by the nonresident school district, would impose upon the child's
17resident school district an undue financial burden in light of the resident school
18district's total economic circumstances, including its revenue limit under subch. VII
19of ch. 121, its ability to pay tuition costs for the pupil, and the per pupil special
20education or related services costs for children with disabilities continuing to be
21served by the resident school district.
AB40,983,2322 b. Subdivision 2. a. does not apply to a pupil who submits an application under
23par. (a) if the pupil relied upon the criteria set forth in par. (b) 1.
AB40,984,624 (e) If an application is accepted by the nonresident school board under par. (c),
25the pupil may immediately begin attending the school or program in the nonresident

1school district and shall begin attending the school or program no later than the 15th
2day following receipt by the parent of the pupil of the notice of acceptance under par.
3(c). If the pupil has not enrolled in or attended school in the nonresident school
4district by the day specified in this paragraph, the nonresident school district may
5notify the pupil's parent, in writing, that the pupil is no longer authorized to attend
6the school or program in the nonresident school district.
AB40, s. 2517 7Section 2517. 118.51 (5) (a) (intro.) of the statutes is amended to read:
AB40,984,108 118.51 (5) (a) Permissible criteria. (intro.) Except as provided in sub. (3) (a)
92., the criteria for accepting and rejecting applications from nonresident pupils
10under sub. subs. (3) (a) and (3m) (a) may include only the following:
AB40, s. 2518 11Section 2518. 118.51 (5) (a) 1. (intro.) of the statutes is amended to read:
AB40,984,2112 118.51 (5) (a) 1. (intro.) The availability of space in the schools, programs,
13classes, or grades within the nonresident school district. The nonresident school
14board shall determine the number of regular education and special education spaces
15available within the school district in the January meeting of the school board, except
16that for the 2011-12 school year the board shall determine the number of regular
17education and special education spaces available within the school district in the
18February meeting of the school board.
In determining the availability of space, the
19nonresident school board may consider criteria such as class size limits,
20pupil-teacher ratios, or enrollment projections established by the nonresident school
21board and may include in its count of occupied spaces all of the following:
AB40, s. 2519 22Section 2519. 118.51 (5) (a) 1. b. of the statutes is amended to read:
AB40,984,2423 118.51 (5) (a) 1. b. Pupils and siblings of pupils who have applied under sub.
24(3) (a) or (3m) (a) and are already attending the nonresident school district.
AB40, s. 2520 25Section 2520. 118.51 (5) (a) 1. c. of the statutes is amended to read:
AB40,985,4
1118.51 (5) (a) 1. c. If the nonresident school district is a union high school
2district, pupils who have applied under sub. (3) (a) or (3m) (a) and are currently
3attending an underlying elementary school district of the nonresident school district
4under this section.
AB40, s. 2521 5Section 2521. 118.51 (5) (d) of the statutes is renumbered 118.51 (5) (d) 1. and
6amended to read:
AB40,985,157 118.51 (5) (d) 1. The school board of a nonresident school district may create
8a waiting list of pupils whose applications were rejected under sub. (3) (a) 3. The
9nonresident school board may accept pupils from a waiting list created under this
10paragraph until the 3rd Thursday in September but only if the pupil will be in
11attendance at the school or program in the nonresident school district on the 3rd
12Friday in September. Notwithstanding sub. (3) (a) 6., if a pupil is accepted from a
13waiting list created under this paragraph after the start of the school term, the
14parent shall immediately notify the resident school district of the pupil's intent to
15attend school in the nonresident school district for the current school term.
AB40,985,17 163. The department shall promulgate rules to implement and administer this
17paragraph.
AB40, s. 2522 18Section 2522. 118.51 (5) (d) 2. of the statutes is created to read:
AB40,985,2319 118.51 (5) (d) 2. A pupil accepted from a waiting list created under this
20paragraph may attend the school or program in the nonresident school district even
21if the pupil has attended a school or program in the pupil's resident school district
22in the current school term, but not if the pupil has attended a school or program in
23a nonresident school district in the current school term.
AB40, s. 2523 24Section 2523. 118.51 (8) of the statutes is amended to read:
AB40,986,10
1118.51 (8) Disciplinary records. Notwithstanding s. 118.125, for an
2application submitted under sub. (3) (a), by the first Friday following the first
3Monday in May, and within 10 days of receiving a copy of an application under sub.
4(3m) (c),
the resident school board shall provide to the nonresident school board to
5which a pupil has applied under this section, upon request by that school board, a
6copy of any expulsion findings and orders pertaining to the pupil, a copy of records
7of any pending disciplinary proceeding involving the pupil, a written explanation of
8the reasons for the expulsion or pending disciplinary proceeding and the length of
9the term of the expulsion or the possible outcomes of the pending disciplinary
10proceeding.
AB40, s. 2524 11Section 2524. 118.51 (9) of the statutes is amended to read:
AB40,986,2412 118.51 (9) Appeal of rejection. If the nonresident school board rejects an
13application under sub. (3) (a) or (7), the resident school board prohibits a pupil from
14attending public school in a nonresident school district under sub. (3m) (d), (6), (7)
15or (12) (b) 1., or the nonresident school board prohibits a pupil from attending public
16school in the nonresident school district under sub. (11), the pupil's parent may
17appeal the decision to the department within 30 days after the decision. If the
18nonresident school board provides notice that the special education or related service
19is not available under sub. (12) (a), the pupil's parent may appeal the required
20transfer to the department within 30 days after receipt of the notice. If the resident
21school board provides notice of transfer under sub. (12) (b) 2., the pupil's parent may
22appeal the required transfer to the department within 30 days after receipt of the
23notice. The department shall affirm the school board's decision unless the
24department finds that the decision was arbitrary or unreasonable.
AB40, s. 2525 25Section 2525. 118.51 (12) (am) of the statutes is created to read:
AB40,987,11
1118.51 (12) (am) Estimate of costs. 1. The nonresident school district shall
2prepare an estimate of the costs to provide the special education or related services
3required in the individualized education program developed under s. 115.787 (2) for
4a child with a disability whose parent has submitted an application under this
5section. For an application submitted for a child with a disability under sub. (3) (a),
6the nonresident school district shall provide a copy of the estimate of costs to the
7resident school district by the 3rd Friday following the first Monday in May. For an
8application submitted for a child with a disability under sub. (3m) (a), the
9nonresident school district shall provide a copy of the estimate of costs to the resident
10school district within 10 days after receiving or developing the individualized
11education program for the applicant.
AB40,987,1612 2. Except as provided in subd. 3., if the nonresident school district fails to
13comply with the requirement under this section by the date specified, the
14nonresident school district may not charge the resident school district for any actual,
15additional costs incurred by the nonresident school district to provide the special
16education and related services for the child with a disability.
AB40,987,1817 3. Subdivision 2. does not apply if the resident school district fails to comply
18with the requirements under sub. (3) (a) 1m.
AB40, s. 2526 19Section 2526. 118.51 (12) (b) 1. of the statutes is amended to read:
AB40,988,720 118.51 (12) (b) 1. If the estimate of the costs of the special education or related
21services required in the individualized education program under s. 115.787 (2) for a
22child with a disability whose parent has submitted an application under sub. (3) (a),
23as proposed to be implemented by the nonresident school district and as provided to
24the resident school district as required under par. (am)
, would impose upon the
25child's resident school district an undue financial burden in light of the resident

1school district's total economic circumstances, including its revenue limit under
2subch. VII of ch. 121, its ability to pay tuition costs for the pupil , and the per pupil
3special education or related services costs for children with disabilities continuing
4to be served by the resident school district, the child's resident school board may
5notify the child's parent and the nonresident school board by the first 2nd Friday
6following the first Monday in April June that the pupil may not attend the
7nonresident school district to which the child has applied.
AB40, s. 2527 8Section 2527. 118.51 (15) (a) of the statutes is amended to read:
AB40,988,179 118.51 (15) (a) Application form. Prepare, distribute to school districts, and
10make available to parents an application form to be used by parents under sub. (3)
11(a) and an application form to be used by parents under sub. (3m) (a). The form shall
12include provisions that permit a parent to apply for transportation reimbursement
13under sub. (14) (b). The form shall require an applicant who is applying to attend
14a virtual charter school to indicate that he or she is applying to attend a virtual
15charter school, the number of virtual charter schools to which he or she is applying,
16and whether he or she is a sibling of a pupil currently enrolled in a virtual charter
17school through the open enrollment program.
AB40, s. 2528 18Section 2528. 118.51 (15) (c) of the statutes is renumbered 118.51 (15) (c)
19(intro.) and amended to read:
AB40,988,2220 118.51 (15) (c) Annual report. (intro.) Annually submit a report to the governor,
21and to the appropriate standing committees of the legislature under s. 13.172 (3), on
22the
. The report under this paragraph shall include all of the following information:
AB40,988,24 231. The number of pupils who applied to attend public school in a nonresident
24school district under this section, the.
AB40,988,25 253. The number of applications denied and the bases for the denials, and the.
AB40,989,6
14. The number of pupils attending public school in a nonresident school district
2under this section. The department shall specify, separately, the number of pupils
3attending public school in a nonresident school district whose applications were
4accepted under subs. (3) (a) 3. and (3m) (c), and, for the applications accepted under
5sub. (3m) (c), the number of pupils attending under each of the criteria listed in sub.
6(3m) (b)
.
AB40, s. 2529 7Section 2529. 118.51 (15) (c) 2. of the statutes is created to read:
AB40,989,108 118.51 (15) (c) 2. The number of applications received under subs. (3) (a) and
9(3m) (a) and, for the applications received under sub. (3m) (a), the number of
10applications received under each of the criteria listed in sub. (3m) (b).
AB40, s. 2530 11Section 2530. 118.55 (1) of the statutes is amended to read:
AB40,989,1512 118.55 (1) Definition. In this section, "institution of higher education" means
13an institution within the University of Wisconsin System, the University of
14Wisconsin–Madison,
a tribally controlled college or a private, nonprofit institution
15of higher education located in this state.
AB40, s. 2531 16Section 2531. 118.55 (5) (a) of the statutes is amended to read:
AB40,989,1917 118.55 (5) (a) If the pupil is attending an institution within the University of
18Wisconsin System or the University of Wisconsin–Madison, the actual cost of tuition,
19fees, books and other necessary materials directly related to the course.
AB40, s. 2532 20Section 2532. 118.55 (7r) (a) 4. of the statutes is amended to read:
AB40,989,2121 118.55 (7r) (a) 4. The pupil is not a child at risk , as defined in s. 118.153 (1) (a).
AB40, s. 2533 22Section 2533. 119.04 (1) of the statutes is amended to read:
AB40,990,623 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
2466.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
25115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045,

1118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4),
2118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.225,
3118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.255, 118.258, 118.291, 118.30 to 118.43,
4118.46, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (27), 120.125, 120.13 (1), (2) (b)
5to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3),
6and 120.25 are applicable to a 1st class city school district and board.
AB40, s. 2534 7Section 2534. 119.18 (6) (intro.) and (b) of the statutes are consolidated,
8renumbered 119.18 (6) and amended to read:
AB40,990,139 119.18 (6) School calendar. The board may determine the school calendar and
10vacation periods for each school year for the regular day schools, summer schools,
11social centers, and playgrounds, except that: (b). The board may close any school or
12dismiss any class in the event of an emergency, fire or other casualty, quarantine, or
13epidemic.
AB40, s. 2535 14Section 2535. 119.18 (6) (a) of the statutes is repealed.
AB40, s. 2536 15Section 2536. 119.23 (2) (a) (intro.) of the statutes is amended to read:
AB40,990,1816 119.23 (2) (a) (intro.) Subject to par. (b), any Any pupil in grades kindergarten
17to 12 who resides within the city may attend, at no charge, any private school located
18in the city Milwaukee County if all of the following apply:
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