Amendment SSA1-AB126

LRBs0198/1

PG:kmg:jf

2003 - 2004 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2003 ASSEMBLY BILL 126

September 30, 2003 - Offered by Senator Decker.

AB126-SSA1,1,7 An Act to renumber and amend 118.165 (1) (c); to amend 118.13 (2) (b), 118.13 (3) (a) 3., 118.13 (3) (b) 1., 118.13 (3) (b) 2., 118.13 (4) and 119.23 (7) (c); and to create 118.13 (1m), 118.13 (2) (am), 118.165 (1) (c) 2., 119.23 (6m), 119.23 (9) and 119.23 (10) of the statutes; relating to: requirements for Milwaukee Parental Choice Program schools, directing the Legislative Audit Bureau to conduct a study of the Milwaukee Parental Choice Program, and providing a penalty.

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

AB126-SSA1, s. 1 Section 1. 118.13 (1m) of the statutes is created to read:

AB126-SSA1,2,4 118.13 (1m) No person who wishes to attend a private school under s. 119.23 may be denied admission to that school and no pupil who is attending a private school under s. 119.23 may be denied participation in, be denied the benefits of, or be discriminated against in any curricular, extracurricular, pupil services, recreational, or other program or activity of that school because of the person's sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation, or physical, mental, emotional, or learning disability.

AB126-SSA1, s. 2 Section 2. 118.13 (2) (am) of the statutes is created to read:

AB126-SSA1,2,11 118.13 (2) (am) Each private school participating in the program under s. 119.23 shall develop written policies and procedures to implement this section and submit them to the state superintendent. The policies and procedures shall provide for receiving and investigating complaints regarding possible violations of this section, for making determinations as to whether this section has been violated, and for ensuring compliance with this section.

AB126-SSA1, s. 3 Section 3. 118.13 (2) (b) of the statutes is amended to read:

AB126-SSA1,2,14 118.13 (2) (b) Any person who receives a negative determination under par. (a) or (am) may appeal the determination to the state superintendent.

AB126-SSA1, s. 4 Section 4. 118.13 (3) (a) 3. of the statutes is amended to read:

AB126-SSA1,2,19 118.13 (3) (a) 3. Include in the department's biennial report under s. 15.04 (1) (d) information on the status of school district compliance of school districts and private schools with this section and school district the progress made toward providing reasonable equality of educational opportunity for all pupils in this state.

AB126-SSA1, s. 5 Section 5. 118.13 (3) (b) 1. of the statutes is amended to read:

AB126-SSA1,2,23 118.13 (3) (b) 1. Periodically review school district and private school programs, activities and services to determine whether the school boards and private schools are complying with this section.

AB126-SSA1, s. 6 Section 6. 118.13 (3) (b) 2. of the statutes is amended to read:

AB126-SSA1,3,2 118.13 (3) (b) 2. Assist school boards and private schools to comply with this section by providing information and technical assistance upon request.

AB126-SSA1, s. 7 Section 7. 118.13 (4) of the statutes is amended to read:

AB126-SSA1,3,7 118.13 (4) Any public school or private school official, employee or teacher who intentionally engages in conduct which discriminates against a person or causes a person to be denied rights, benefits or privileges, in violation of sub. (1) or (1m), may be required to forfeit not more than $1,000.

AB126-SSA1, s. 8 Section 8. 118.165 (1) (c) of the statutes is renumbered 118.165 (1) (c) 1. amended to read:

AB126-SSA1,3,11 118.165 (1) (c) 1. The Except as provided in subd. 2., the program provides at least 875 hours of instruction each school year.

AB126-SSA1, s. 9 Section 9. 118.165 (1) (c) 2. of the statutes is created to read:

AB126-SSA1,3,14 118.165 (1) (c) 2. If the program offers kindergarten, it provides at least 437 hours of instruction in kindergarten each school year.

AB126-SSA1, s. 10 Section 10. 119.23 (6m) of the statutes is created to read:

AB126-SSA1,3,17 119.23 (6m) Each private school participating in the program under this section shall do all of the following:

AB126-SSA1,3,19 (a) Provide to each person who applies to attend the private school all of the following:

AB126-SSA1,3,21 1. A list of the names, addresses, and telephone numbers of the members of the private school's governing body and of the private school's shareholders, if any.

AB126-SSA1,4,2 2. A notice stating whether the private school is an organization operated for profit or not for profit. If the private school is a nonprofit organization, the private school shall also provide the applicant with a copy of the certificate issued under section 501 (c) (3) of the Internal Revenue Code verifying that the private school is a nonprofit organization that is exempt from federal income tax.

AB126-SSA1,4,3 3. A copy of the appeals process used if the private school rejects the applicant.

AB126-SSA1,4,7 4. A statement that the private school agrees to 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, an authority under subch. II of ch. 19.

AB126-SSA1,4,11 5. A statement that the private school agrees to provide public access to meetings of the governing body of the private school to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, a governmental body under subch. V of ch. 19.

AB126-SSA1,4,13 6. A copy of the private school's policies and procedures on nondiscrimination adopted under s. 118.13 (2) (am).

AB126-SSA1,4,18 (b) Upon request by any person, provide the material specified in par. (a) and the number of pupils enrolled in the private school in the previous school year, pupil scores on standardized tests administered in the previous school year, and the number of pupils who were expelled or who failed to graduate in the previous school year.

AB126-SSA1, s. 11 Section 11. 119.23 (7) (c) of the statutes is amended to read:

AB126-SSA1,5,2 119.23 (7) (c) A private school may not require a pupil attending the private school under this section to participate in any religious activity if the pupil's parent or guardian submits to the pupil's teacher or the private school's principal a written request that the pupil be exempt from such activities. A private school participating in the program under this section shall provide each person who applies to attend the private school under this section with a copy of a statement embodying the prohibition under this paragraph.

AB126-SSA1, s. 12 Section 12. 119.23 (9) of the statutes is created to read:

AB126-SSA1,5,13 119.23 (9) The legislative audit bureau shall conduct a longitudinal study, of up to 12 years in length, of the program under this section if the bureau receives sufficient moneys, other than general purpose revenue, for the study. The study shall use standardized examinations used by the school district operating under this chapter, and shall review graduation rates and other indicators of academic achievement. The results of the study shall be submitted to the joint legislative audit committee and to the appropriate standing committees of the legislature annually over the 12-year period in the manner provided under s. 13.172 (3), with the first report due by October 1, 2005, and with a comprehensive review and interim report due by October 1, 2010.

AB126-SSA1, s. 13 Section 13. 119.23 (10) of the statutes is created to read:

AB126-SSA1,5,23 119.23 (10) Upon the department's request, a private school that has notified the department of the school's intent to participate, or that is participating, in the program under this section shall demonstrate to the department's satisfaction that its educational program meets all of the criteria under s. 118.165 (1). The department may require the private school to submit documents for that purpose, including a school calendar, a daily schedule indicating the school's hours of instruction, and evidence showing that the school's educational program provides a sequentially progressive curriculum of fundamental instruction in the subjects specified in s. 118.165 (1) (d).

AB126-SSA1, s. 14 Section 14. Nonstatutory provisions.

AB126-SSA1,6,4 (1) Legislative audit bureau positions. The authorized FTE positions for the legislative audit bureau, funded from the appropriation under section 20.765 (3) (g) of the statutes, are increased by 3.0 PR positions to conduct the study under section 119.23 (9) of the statutes, as created by this act.

AB126-SSA1, s. 15 Section 15. Initial applicability.

AB126-SSA1,6,9 (1) The treatment of sections 118.13 (1m), (2) (am) and (b), (3) (a) 3. and (b) 1. and 2., and (4) and 119.23 (6m) and (7) (c) of the statutes first applies to pupils and private schools participating in the Milwaukee Parental Choice Program in the 2004-05 school year.

AB126-SSA1,6,10 (End)