AB854: Bill Text

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:

AB854,17,16 118.60 (4m) In addition to the payment under sub. (4), the state superintendent shall pay to each private school participating in the program under this section, on behalf of the parent or guardian of each pupil attending the private school under this section, in the manner described in sub. (4) (c), the amount determined as follows:

AB854,17,18 (a) Determine the private school's eligible education expenses, as defined in sub. (7) (am) 1m., per pupil in summer school.

AB854,17,19 (b) Multiply the amount under par. (a) by 0.40.

AB854,17,22 (c) Multiply the product under par. (b) by the quotient determined by dividing the summer choice average daily membership equivalent of the private school by the total number of pupils for whom payments are being made under sub. (4).

AB854,39 Section 39. 118.60 (4r) (a) of the statutes is amended to read:

AB854,17,25 118.60 (4r) (a) Multiply the amount determined under sub. (4) (bg) (bd) by 0.616.

AB854,40 Section 40. 118.60 (7) (am) 2m. a. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB854,19,5 118.60 (7) (am) 2m. a. An independent financial audit of the private school conducted by an independent certified public accountant, accompanied by the auditor's statement that the report is free of material misstatements and fairly presents the private school's eligible education expenses under sub. (4) (bd) 1., and beginning in the 2nd school year a private school participates in the program under this section, a copy of a management letter prepared by the auditor. The audit shall be prepared in accordance with generally accepted accounting principles with allowable modifications for long-term fixed assets. The audit shall include a calculation of the private school's net eligible education expenses and a calculation of the balance of the private school's fund for future eligible education expenses. The auditor shall conduct his or her audit, including determining sample sizes and evaluating financial viability, in accordance with the auditing standards established by the American Institute of Certified Public Accountants. The department may not require an auditor to comply with standards that exceed the scope of the standards established by the American Institute of Certified Public Accountants. If a private school participating in a program under this section is part of an organization and the private school and the organization share assets, liabilities, or eligible education expenses, the private school may submit an audit of the private school or of the organization of which it is a part. If a private school that is part of an organization with which it shares assets, liabilities, or eligible education expenses submits an audit of only the private school, the independent auditor shall use his or her professional judgment to allocate any shared assets, liabilities, and eligible education expenses between the organization and the private school. If a private school participating in the program under this section also accepts pupils under s. 119.23, the private school may submit one comprehensive financial audit to satisfy the requirements of this subdivision and s. 119.23 (7) (am) 2m. The private school shall include in the comprehensive financial audit the information specified under s. 119.23 (7) (am) 2m.

AB854,41 Section 41. 118.60 (7) (b) 3m. of the statutes is amended to read:

AB854,19,17 118.60 (7) (b) 3m. Annually, schedule 2 meetings at least one meeting each month at which members of the governing body of the private school will be present and at which pupils, and the parents or guardians of pupils, applying to attend the private school or attending the private school may meet and communicate with the members of the governing body. The meetings shall be open to the public. The private school shall, within 30 days after the start of the school term, notify the department in writing of the scheduled meeting dates and shall, at least 30 days before the scheduled meeting date, notify in writing each pupil, or the parent or guardian of each minor pupil, applying to attend the private school or attending the private school of the meeting date, time, and place. The private school shall provide notice of the meetings in the manner provided in s. 19.84.

AB854,42 Section 42. 118.60 (7) (b) 9. of the statutes is created to read:

AB854,19,23 118.60 (7) (b) 9. Permit public inspection and copying of any record, as defined in s. 19.32 (2), of the private school to the same extent as required of, and subject to the same terms and enforcement provisions that apply to, a school board under subch. II of ch. 19. This subdivision applies only to records that relate to pupils attending the private school under this section.

AB854,43 Section 43. 118.60 (7) (d) 1. b. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB854,20,6 118.60 (7) (d) 1. b. A Except as provided in subd. 1. c., a copy of the school's current certificate of occupancy issued by the municipality within which the school is located. If the private school moves to a new location, the private school shall submit a copy of the new certificate of occupancy issued by the municipality within which the school is located to the department before the attendance of pupils at the new location and before the next succeeding date specified in s. 121.05 (1) (a).

AB854,20,15 c. If the municipality within which the private school is located does not issue certificates of occupancy, the private school may submit a certificate of occupancy issued by the local or regional governmental unit with authority to issue certificates of occupancy or a letter or form from the municipality within which the private school is located that explains that the municipality does not issue certificates of occupancy. A temporary certificate of occupancy does not meet the requirement of this subdivision. This subdivision applies only to a private school located in an eligible school district private school to which this subd. 1. c. applies shall annually obtain a building inspection of the school building.

AB854,44 Section 44. 118.60 (7) (d) 1. d. of the statutes is created to read:

AB854,20,18 118.60 (7) (d) 1. d. A temporary certificate of occupancy does not satisfy the requirements of this subdivision.