AB854: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB854,1 Section 1. 20.255 (1) (f) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB854,7,2 20.255 (1) (f) Assessments of reading readiness. The amounts in the schedule to provide school districts and, independent charter schools under s. 118.40 (2r) and (2x), and the governing bodies of private schools participating in a parental choice program under s. 118.60 or 119.23 with the assessments of reading readiness under s. 118.016.

AB854,2 Section 2. 49.45 (23) (a) of the statutes is amended to read:

AB854,7,11 49.45 (23) (a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide health care coverage to adults who are under the age of 65, who have family incomes not to exceed 100 133 percent of the poverty line before application of the 5 percent income disregard under 42 CFR 435.603 (d), except as provided in s. 49.471 (4g), and who are not otherwise eligible for medical assistance under this subchapter, the Badger Care health care program under s. 49.665, or Medicare under 42 USC 1395 et seq.

AB854,3 Section 3. 49.471 (1) (cr) of the statutes is created to read:

AB854,7,14 49.471 (1) (cr) "Enhanced federal medical assistance percentage" means a federal medical assistance percentage described under 42 USC 1396d (y) or (z).

AB854,4 Section 4. 49.471 (4) (a) 4. b. of the statutes is amended to read:

AB854,7,18 49.471 (4) (a) 4. b. The Except as provided in sub. (4g), the individual's family income does not exceed 100 133 percent of the poverty line before application of the 5 percent income disregard under 42 CFR 435.603 (d).

AB854,5 Section 5. 49.471 (4g) of the statutes is created to read:

AB854,8,2 49.471 (4g) Medicaid expansion; federal medical assistance percentage. (a) For services provided to individuals described under sub. (4) (a) 4. and s. 49.45 (23), the department shall comply with all federal requirements to qualify for the highest available enhanced federal medical assistance percentage. The department shall submit any amendment to the state medical assistance plan, request for a waiver of federal Medicaid law, or other approval required by the federal government to provide services to the individuals described under sub. (4) (a) 4. and s. 49.45 (23) and qualify for the highest available enhanced federal medical assistance percentage.

AB854,8,13 (b) If the department does not qualify for an enhanced federal medical assistance percentage, or if the enhanced federal medical assistance percentage obtained by the department is lower than printed in federal law as of July 1, 2013, for individuals eligible under sub. (4) (a) 4. or s. 49.45 (23), the department shall submit to the joint committee on finance a fiscal analysis comparing the cost to maintain coverage for adults who are not pregnant and not elderly at up to 133 percent of the poverty line to the cost of limiting eligibility to those adults with family incomes up to 100 percent of the poverty line. The department may reduce income eligibility for adults who are not pregnant and not elderly from up to 133 percent of the poverty line to up to 100 percent of the poverty line only if this reduction in income eligibility levels is approved by the joint committee on finance.

AB854,6 Section 6. 115.28 (7) (b) of the statutes is amended to read:

AB854,8,25 115.28 (7) (b) Subject to the same rules and laws concerning qualifications of applicants and granting and revocation of licenses or certificates under par. (a), the state superintendent shall grant certificates and licenses to teachers in private schools and tribal schools, except that teaching experience requirements for such certificates and licenses may be fulfilled by teaching experience in public, private, or tribal schools. An applicant is not eligible for a license or certificate unless the state superintendent finds that the private school or tribal school in which the applicant taught offered an adequate educational program during the period of the applicant's teaching therein. Private Except as provided in ss. 118.60 (2) (a) 6m. and 119.23 (2) (a) 6m., private schools are not obligated to employ only licensed or certified teachers.

AB854,7 Section 7. 118.016 (1) (bm) of the statutes is created to read:

AB854,9,10 118.016 (1) (bm) Beginning in the 2016-17 school year, the governing body of each private school participating in a parental choice program under s. 118.60 or 119.23 shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the governing body, annually assess each pupil enrolled in 4-year-old kindergarten to 2nd grade in the private school for reading readiness. The governing body shall ensure that the assessment evaluates whether a pupil possesses phonemic awareness and letter sound knowledge. The governing body may administer computer adaptive assessments. This paragraph applies only to pupils attending the school under s. 118.60 or 119.23.

AB854,8 Section 8. 118.016 (1) (c) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB854,9,19 118.016 (1) (c) The department shall pay to the school board or, operator, or governing body, from the appropriation under s. 20.255 (1) (f), the per pupil cost of the selected assessment. If the appropriation under s. 20.255 (1) (f) in any fiscal year is insufficient to pay the full amount of aid under this paragraph, the state superintendent shall prorate state aid payments among the school boards and, governing bodies of private schools, and operators of charter schools entitled to the aid.

AB854,9 Section 9. 118.016 (1g) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB854,9,25 118.016 (1g) If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board or, operator of the charter school under s. 118.40 (2r) or (2x), or governing body of the private school under s. 118.60 or 119.23 shall comply with s. 115.77 (1m) (bg).

AB854,10 Section 10. 118.016 (1r) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB854,10,5 118.016 (1r) The school board or, operator of the charter school, or governing body of the private school under s. 118.60 or 119.23 shall report the results of a pupil's assessment under sub. (1) to the pupil's parent or guardian.

AB854,11 Section 11. 118.016 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB854,10,12 118.016 (2) The school board of the school district or, operator of the charter school, or governing body of the private school in which the pupil is enrolled shall provide a pupil whose assessment under sub. (1) indicates that he or she is at risk of reading difficulty with interventions or remedial reading services, as described under s. 121.02 (1) (c).

AB854,12 Section 12. 118.19 (1) of the statutes is amended to read:

AB854,10,18 118.19 (1) Except as provided in s. 118.40 (8) (b) 2., any person seeking to teach in a public school, including a charter school, in a private school participating in a parental choice program under s. 118.60 or 119.23, or in a school or institution operated by a county or the state shall first procure a license or permit from the department.

AB854,13 Section 13. 118.30 (5m) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB854,11,2 118.30 (5m) When determining the percentage of pupils participating in the program under s. 119.23 who performed at designated proficiency levels on the examinations administered as required under sub. (1s) or s. 118.301 (3), the department shall consider only the pupils participating in the program under s. 119.23 to whom the examinations were administered at each grade level, and shall not exclude from consideration those pupils participating in the program under s. 119.23 who were excused from taking the examinations under sub. (2) (b) 5.

AB854,14 Section 14. 118.305 (1) (gm) of the statutes is created to read:

AB854,11,6 118.305 (1) (gm) "Pupil" excludes pupils who are attending a private school participating in a parental choice program under s. 118.60 or 119.23 but not under the parental choice program.

AB854,15 Section 15. 118.305 (1) (h) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB854,11,11 118.305 (1) (h) "School" means a public school, including a charter school, and a private school participating in the program under s. 115.7915, and a private school participating in a parental choice program under s. 118.60 or 119.23.

AB854,16 Section 16. 118.305 (3) (e) of the statutes is amended to read:

AB854,11,14 118.305 (3) (e) It does not constitute corporal punishment, as defined in s. 118.31 (1) (a).

AB854,17 Section 17. 118.31 (1) of the statutes is renumbered 118.31 (1) (intro.) and amended to read:

AB854,11,17 118.31 (1) (intro.) In this section, "corporal:

AB854,11,23 (a) "Corporal punishment" means the intentional infliction of physical pain which is used as a means of discipline. "Corporal punishment" includes, but is not limited to, paddling, slapping or prolonged maintenance of physically painful positions, when used as a means of discipline. "Corporal punishment" does not include actions consistent with an individualized education program developed under s. 115.787 or reasonable physical activities associated with athletic training.

AB854,18 Section 18. 118.31 (1) (b) of the statutes is created to read:

AB854,12,3 118.31 (1) (b) "Private school" means a private school, as defined in s. 115.001 (3r), that is participating in any parental choice program under ss. 118.60 and 119.23.

AB854,19 Section 19. 118.31 (2) of the statutes is amended to read:

AB854,12,7 118.31 (2) Except as provided in sub. (3), no official, employee, or agent of a school board or of a private school may subject a pupil enrolled in the school district or in the private school to corporal punishment.

AB854,20 Section 20. 118.31 (3) (intro.) of the statutes is amended to read:

AB854,12,10 118.31 (3) (intro.) Subsection (2) does not prohibit an official, employee, or agent of a school board or of a private school from:

AB854,21 Section 21. 118.31 (4) of the statutes is amended to read:

AB854,12,18 118.31 (4) Each school board and each private school shall adopt a policy that allows any official, employee, or agent of the school board or private school to use reasonable and necessary force for the purposes of sub. (3) (a) to (h). In determining whether or not a person an official, employee, or agent of a school board or of a private school was acting within the exceptions in sub. (3), deference shall be given to reasonable, good faith judgments made by an the official, employee, or agent of a school board.

AB854,22 Section 22. 118.31 (5) of the statutes is amended to read:

AB854,12,25 118.31 (5) Except as provided in s. 939.61 (1), this section does not create a separate basis for civil liability of a school board or of a private school or their officials, employees or agents of an official, employee, or agent of the school board or private school for damages arising out of claims involving allegations of improper or unnecessary use of force by a school employees official, employee, or agent against students a pupil.

AB854,23 Section 23. 118.31 (6) of the statutes is amended to read:

AB854,13,5 118.31 (6) Nothing in this section shall prohibit, permit, or otherwise affect any action taken by an official, employee, or agent of a school board or private school with regard to a person who is not a pupil enrolled in the school district or in the private school.

AB854,24 Section 24. 118.33 (1) (f) 5. of the statutes is created to read:

AB854,13,11 118.33 (1) (f) 5. Beginning in the 2016-17 school year, the governing body of each private school participating in a parental choice program under s. 118.60 or 119.23 shall include in its policy under subd. 2m. or 2r. the requirements for granting a high school diploma specified in pars. (a) and (b), with the exceptions provided in pars. (d) and (e).

AB854,25 Section 25. 118.60 (2) (a) (intro.) of the statutes is amended to read:

AB854,13,18 118.60 (2) (a) (intro.) Subject to pars. (ag) and (ar), any pupil in grades kindergarten to 12 who resides within an eligible school district may attend any private school under this section and, subject to pars. (ag), (ar), (be), (bm), and (bs), any pupil in grades kindergarten to 12 who resides in a school district, other than an eligible school district or a 1st class city school district, may attend any private school under this section if all of the following apply:

AB854,26 Section 26. 118.60 (2) (a) 1. a. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB854,14,4 118.60 (2) (a) 1. a. Except as provided in par. (bm) subd. 1. am., the pupil is a member of a family that has a total family income that does not exceed an amount equal to 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. In this subdivision and sub. (3m), family income includes income of the pupil's parents or legal guardians. Except as provided in subd. 1. c., the family income of the pupil shall be verified as provided in subd. 1. b. A pupil attending a private school under this section whose family income increases above the income level in this subd. 1. a. may continue to attend a private school under this section.

AB854,27 Section 27. 118.60 (2) (a) 1. am. of the statutes is created to read:

AB854,14,13 118.60 (2) (a) 1. am. Beginning in the 2016-17 school year, the pupil is a member of a family that has a total family income that does not exceed an amount equal to 1.85 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. The family income of the pupil shall be verified as provided in subd. 1. b. A pupil attending a private school under this section whose family income increases above the income level in this subd. 1. am. may continue to attend a private school under this section.

AB854,28 Section 28. 118.60 (2) (a) 6m. of the statutes is created to read:

AB854,14,18 118.60 (2) (a) 6m. All instructional staff employed by the private school hold a license or permit to teach issued by the department. For purposes of this subdivision, "instructional staff" has the meaning given in the rules promulgated by the department under s. 121.02 (1) (a) 2.

AB854,29 Section 29. 118.60 (2) (a) 9. of the statutes is created to read:

AB854,14,21 118.60 (2) (a) 9. The private school has been in operation for the attendance of pupils for at least 2 school years.

AB854,30 Section 30. 118.60 (2) (a) 10. of the statutes is created to read:

AB854,14,23 118.60 (2) (a) 10. The private school is located in this state.

AB854,31 Section 31. 118.60 (2) (bm) of the statutes is repealed.

AB854,32 Section 32. 118.60 (2) (c) of the statutes is amended to read:

AB854,15,4 118.60 (2) (c) 1. Notwithstanding par. (a) 6. and 6m., a teacher employed by a private school participating in the program under this section who teaches only courses in rabbinical studies is not required to have a bachelor's degree or hold a license or permit to teach issued by the department.

AB854,15,8 2. Notwithstanding par. (a) 6. and 6m., an administrator of a private school participating in the program under this section that prepares and trains pupils attending the school in rabbinical studies is not required to have a bachelor's degree or hold a license or permit to teach issued by the department.

AB854,33 Section 33. 118.60 (2) (d) of the statutes is created to read:

AB854,15,11 118.60 (2) (d) No more than 49 percent of a private school's enrollment may consist of pupils attending the private school under this section and s. 119.23.

AB854,34 Section 34. 118.60 (3) (c) of the statutes is amended to read:

AB854,15,19 118.60 (3) (c) If a participating private school rejects an applicant who resides in a school district, other than an eligible school district or a 1st class city school district, because the private school has too few available spaces, the applicant may transfer his or her application to a participating private school that has space available. An applicant rejected under this paragraph may, subject to sub. (2) (a) 1. am. and (be) and (bm), be admitted to a private school participating in the program under this section for the following school year.

AB854,35 Section 35. 118.60 (4) (bd) of the statutes is created to read:

AB854,15,25 118.60 (4) (bd) Upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fr), an amount equal to the lesser of the following:

AB854,16,2 1. The amount equal to the private school's eligible education expenses, as defined in sub. (7) (am) 1m., per pupil, as determined by the department.

AB854,16,5 2. The average of the tuition paid by a pupil attending the private school, but not under the program under this section or the program under s. 119.23, in the current and 2 preceding school years.

AB854,16,6 3. $6,442.

AB854,36 Section 36. 118.60 (4) (be) of the statutes is created to read:

AB854,16,11 118.60 (4) (be) In determining a private school's eligible education expenses per pupil under par. (bd) 1., the department shall do all of the following, but may not determine separate expenses for pupils enrolled in grades kindergarten to 8 and for pupils enrolled in grades 9 to 12:

AB854,16,13 1. Subtract only the following, up to the actual cost of the service or material related to each item:

AB854,16,14 a. Fees charged pupils for books and supplies used in classes and programs.

AB854,16,15 b. Rentals for school buildings.

AB854,16,16 c. Food service revenues.

AB854,16,17 d. Governmental financial assistance.

AB854,16,18 e. Interest and other income resulting from the investment of debt proceeds.

AB854,16,25 2. If legal title to the private school's buildings and premises is held in the name of the private school's parent organization or other related party, there is no other mechanism to include the private school's facilities costs in the calculation of its eligible education expenses, and the private school requests that the department do so, include an amount equal to 10.5 percent of the fair market value of the school and its premises. A request made by a private school under this subdivision remains effective in subsequent school years and may not be withdrawn by the private school.

AB854,17,4 3. If immediately prior to July 1, 2011, a private school's eligible education expenses, as defined under sub. (7) (am) 1m. and as determined by the department, included the amount described in subd. 2., continue to include the amount described in subd. 2. in subsequent school years.

AB854,17,8 4. Permit a private school to accumulate up to 15 percent of the private school's annual eligible education expenses in a reserve account and include any increase to that reserved amount in the department's determination of the private school's eligible education expenses for that school year.

AB854,37 Section 37. 118.60 (4) (bg) of the statutes, as affected by 2015 Wisconsin Act 55, is repealed.

AB854,38 Section 38. 118.60 (4m) of the statutes is repealed and recreated to read: