LRB-4573/1
TKK:emw
2015 - 2016 LEGISLATURE
April 7, 2016 - Introduced by Representatives Barnes and Pope, cosponsored by
Senator C. Larson. Referred to Committee on Rules.
AB1021,1,7 1An Act to renumber 118.60 (1) (ag) 1. to 3. and 119.23 (1) (ag) 1. to 3.; to amend
2118.60 (1) (ag) (intro.), 118.60 (10) (a) 8., 119.23 (1) (ag) (intro.) and 119.23 (10)
3(a) 8.; and to create 118.60 (1) (ag) 2m., 118.60 (1) (ag) 3m., 118.60 (1) (ag) 4m.,
4118.60 (10) (a) 9., 119.23 (1) (ag) 2m., 119.23 (1) (ag) 3m., 119.23 (1) (ag) 4m. and
5119.23 (10) (a) 9. of the statutes; relating to: persons disqualified from having
6certain responsibilities in a private school participating in a parental choice
7program.
Analysis by the Legislative Reference Bureau
This bill broadens the authority of the Department of Public Instruction to bar
from participation in a parental choice program a private school that hires or retains
a disqualified person. The bill also modifies the definition of disqualified person to
include the following persons: 1) a person for whom a license to operate a child care
center was denied, revoked, suspended, not renewed, or not continued; 2) a person
who has been convicted of, or pled guilty or no contest to, a crime involving an act of
fraud or dishonesty against an agency or political subdivision of this state or against
a federal agency; and 3) a person who would not be eligible under current law to be
employed or licensed as a teacher for reasons including conviction of a felony for a
crime against life or bodily security or public health and safety.
Current law permits DPI to issue an order that bars a private school from
participating in a parental choice program or that terminates the participation of a

private school in a parental choice program under certain circumstances, including
if the school misrepresents information, fails to maintain accreditation or meet
certain academic standards, or retains a disqualified person. Under current law, a
"disqualified person" is one who satisfied one of the following at the time that a
private school was barred or terminated from a parental choice program by an order
of the department: 1) the person had a controlling ownership interest in, or was the
administrator or an officer, director, or trustee of, the private school; 2) the person
was designated by the administrator of the private school to assist in processing
pupil applications; or 3) the person was responsible for an action or circumstance
that led to the private school being barred or terminated from participation in the
program.
Currently, DPI may bar the participation of a private school in a choice program
if the private school retains, for compensation or as a volunteer, a disqualified person
within seven years after the date of an order issued by DPI. This bill eliminates the
seven-year limit on the person's status as a disqualified person; as a result, DPI may
bar from participation in a parental choice program a private school that hires or
retains a disqualified person regardless of the amount of time that has passed since
the person engaged in the disqualifying activity.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1021,1 1Section 1. 118.60 (1) (ag) (intro.) of the statutes is amended to read:
AB1021,2,22 118.60 (1) (ag) (intro.) "Disqualified person" means a any of the following:
AB1021,2,5 31m. A person who, when a private school was barred or terminated from
4participation in the program under this section by an order issued under sub. (10)
5or by an order issued under s. 119.23 (10), satisfied at least one of the following:
AB1021,2 6Section 2. 118.60 (1) (ag) 1. to 3. of the statutes are renumbered 118.60 (1) (ag)
71m. a. to c.
AB1021,3 8Section 3. 118.60 (1) (ag) 2m. of the statutes is created to read:
AB1021,2,119 118.60 (1) (ag) 2m. A person for whom a license to operate a child care center
10issued under s. 48.65 (1) was denied, revoked, suspended, not renewed, or not
11continued under s. 48.715 (3) (c), (4), (4g) (a), (5), (6), or (7).
AB1021,4 12Section 4. 118.60 (1) (ag) 3m. of the statutes is created to read:
AB1021,3,4
1118.60 (1) (ag) 3m. A person who has been convicted of, or pled guilty or no
2contest to, a crime involving an act of fraud or dishonesty, including theft,
3embezzlement, forgery, or misappropriation, against an agency or political
4subdivision of this state or against a federal agency.
AB1021,5 5Section 5. 118.60 (1) (ag) 4m. of the statutes is created to read:
AB1021,3,86 118.60 (1) (ag) 4m. A person who would not be eligible to be employed, licensed,
7or permitted for any of the reasons specified under s. 115.31 (2g) or (6m), 115.315, or
8118.19 (1m) or (1r).
AB1021,6 9Section 6. 118.60 (10) (a) 8. of the statutes is amended to read:
AB1021,3,1610 118.60 (10) (a) 8. Before the end of a 7-year period beginning on the date of an
11order issued by the state superintendent under this subsection, retained
Hired or
12retained
a disqualified person, for compensation , or retained a disqualified person
13as a volunteer, as an owner, officer, director, trustee, administrator, person
14designated by the administrator to assist in processing pupil applications, or person
15responsible for administrative, financial, or pupil health and safety matters
after the
16effective date of this subdivision .... [LRB inserts date]
.
AB1021,7 17Section 7. 118.60 (10) (a) 9. of the statutes is created to read:
AB1021,3,2018 118.60 (10) (a) 9. Failed to, as soon as practicable, dismiss or terminate the
19services of a disqualified person who was retained, for compensation or as a
20volunteer, before the effective date of this subdivision .... [LRB inserts date].
AB1021,8 21Section 8. 119.23 (1) (ag) (intro.) of the statutes is amended to read:
AB1021,3,2222 119.23 (1) (ag) (intro.) "Disqualified person" means a any of the following:
AB1021,3,25 231m. A person who, when a private school was barred or terminated from
24participation in the program under this section by an order issued under sub. (10)
25or by an order issued under s. 118.60 (10)
, satisfied at least one of the following:
AB1021,9
1Section 9. 119.23 (1) (ag) 1. to 3. of the statutes are renumbered 119.23 (1) (ag)
21m. a. to c.
AB1021,10 3Section 10. 119.23 (1) (ag) 2m. of the statutes is created to read:
AB1021,4,64 119.23 (1) (ag) 2m. A person for whom a license to operate a child care center
5issued under s. 48.65 (1) was denied, revoked, suspended, not renewed, or not
6continued under s. 48.715 (3) (c), (4), (4g) (a), (5), (6), or (7).
AB1021,11 7Section 11. 119.23 (1) (ag) 3m. of the statutes is created to read:
AB1021,4,118 119.23 (1) (ag) 3m. A person who has been convicted of, or pled guilty or no
9contest to, a crime involving an act of fraud or dishonesty, including theft,
10embezzlement, forgery, or misappropriation, against an agency or political
11subdivision of this state or against a federal agency.
AB1021,12 12Section 12. 119.23 (1) (ag) 4m. of the statutes is created to read:
AB1021,4,1513 119.23 (1) (ag) 4m. A person who would not be eligible to be employed, licensed,
14or permitted for any of the reasons specified under s. 115.31 (2g) or (6m), 115.315, or
15118.19 (1m) or (1r).
AB1021,13 16Section 13. 119.23 (10) (a) 8. of the statutes is amended to read:
AB1021,4,2317 119.23 (10) (a) 8. Before the end of a 7-year period beginning on the date of an
18order issued by the state superintendent under this subsection, retained
Hired or
19retained
a disqualified person, for compensation , or retained a disqualified person
20as a volunteer, as an owner, officer, director, trustee, administrator, person
21designated by the administrator to assist in processing pupil applications, or person
22responsible for administrative, financial, or pupil health and safety matters
after the
23effective date of this subdivision .... [LRB inserts date]
.
AB1021,14 24Section 14. 119.23 (10) (a) 9. of the statutes is created to read:
AB1021,5,3
1119.23 (10) (a) 9. Failed to, as soon as practicable, dismiss or terminate the
2services of a disqualified person who was retained, for compensation or as a
3volunteer, before the effective date of this subdivision .... [LRB inserts date].
AB1021,5,44 (End)
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