March 11, 2004 - Introduced by Representatives Sinicki, Richards, Cullen,
Taylor, J. Lehman, Turner, Young, Zepnick, Molepske, Miller, Hebl,
Pope-Roberts and
Berceau, cosponsored by Senators Moore, Robson, Jauch,
Carpenter, Coggs, M. Meyer and Erpenbach, by request of Governor James
E. Doyle. Referred to Committee on Education.
AB986,2,4
1An Act to repeal 118.40 (2r) (c) 2., 118.43 (6) (c), 119.23 (2) (a) 2., 119.23 (7) (b)
2and 121.85 (6) (am) 5.;
to renumber 119.23 (1) (a) and 895.48 (1m);
to
3renumber and amend 118.40 (2r) (cm), 119.23 (7) (am) and 146.89 (1);
to
4amend 118.13 (2) (b), 118.13 (3) (a) 3., 118.13 (3) (b) 1., 118.13 (3) (b) 2., 118.13
5(4), 118.30 (1g) (a) 1., 118.30 (1g) (c), 118.30 (2) (b) 1. and 2., 118.30 (6), 118.33
6(1) (f) 3., 118.40 (2r) (c) 1., 118.43 (6) (b) (intro.), 118.43 (6) (b) 8., 118.43 (6) (d),
7119.23 (2) (a) 1., 119.23 (2) (b), 121.85 (6) (am) 4. (intro.), 146.89 (2) (a), 146.89
8(2) (c), 146.89 (2) (d), 146.89 (3) (b) (intro.), 146.89 (3) (c) and 146.89 (3) (d)
9(intro.); and
to create 118.13 (1m), 118.13 (2) (am), 118.30 (1g) (a) 3., 118.30
10(1s), 118.30 (2) (b) 5., 118.33 (1) (f) 2m., 118.33 (6) (c), 118.40 (2r) (c) 3., 118.40
11(2r) (c) 4., 118.40 (2r) (c) 5., 118.40 (2r) (cm) 2., 118.43 (6) (b) 9., 119.23 (1) (am),
12119.23 (7) (am) 2. and 3., 119.23 (7) (d), 119.23 (7) (e), 119.23 (7m), 119.23 (9),
13119.23 (10), 119.23 (11), 146.89 (1) (d), 146.89 (1) (g), 146.89 (1) (h), 146.89 (3s)
14and 895.48 (1m) (b) of the statutes;
relating to: the Volunteer Health Care
1Provider Program; independent charter schools; the Milwaukee Parental
2Choice Program; the Student Achievement Guarantee in Education Program;
3intradistrict transfer aid; granting rule-making authority; and making an
4appropriation.
Analysis by the Legislative Reference Bureau
Volunteer Health Care Provider Program
Under current law, if the Department of Administration (DOA) has approved
a joint application of a health care provider and a nonprofit agency, the health care
provider acting within the scope of his or her licensure or certification may provide,
without charge to low-income, uninsured persons at the agency, diagnostic tests,
health education, office visits, patient advocacy, prescriptions, information about
available health care resources, referrals to health care specialists, and, for dentists,
simple tooth extractions and necessary related suturing. The health care provider,
for the provision of these services, is a state agent of the Department of Health and
Family Services; as such, for a civil action arising out of an act committed in the
lawful course of the health care provider's duties, certain time limitations for filing
the action apply, legal counsel is provided to the health care provider, judgments
against the health care provider are paid by the state, and amounts recoverable are
capped at $250,000.
This bill expands the Volunteer Health Care Provider Program to authorize
provision of services, without charge, from four-year-old kindergarten to grade six
in a public elementary school, a charter school, or a private school participating in
the Milwaukee Parental Choice Program (MPCP), if DOA approves the joint
application of a health care provider and a school board or the governing body of a
charter school or a private school participating in MPCP. After providing to the
school board or relevant governing body proof of satisfactory completion of any
relevant competency requirements, the volunteer health care provider may provide
without charge to students from four-year-old kindergarten to grade six of the
school, regardless of income, diagnostic tests; health education; information about
available health care resources; office visits; patient advocacy; referrals to health
care specialists; first aid for illness or injury; in compliance with the written
instructions of a pupil's parent or guardian, the administration of any drug, other
than a contraceptive drug, that may lawfully be sold over the counter; health
screenings; any other health care services designated by the Department of Public
Instruction (DPI); and, for dentists, simple tooth extractions and necessary related
suturing. However, the volunteer health care provider may not provide emergency
medical services, hospitalization, or surgery, except as designated by DPI by rule,
and may not provide abortion referrals, contraceptives, or pregnancy tests.
Milwaukee Parental Choice Program
This bill makes a number of changes to the Milwaukee Parental Choice
Program (MPCP), under which certain low-income pupils who reside in the city of
Milwaukee may attend participating private schools in the city at state expense. The
changes include the following:
1. The bill requires a private school participating in the MPCP annually to
conduct a criminal background check on all persons employed by the private school.
2. With certain exceptions, the bill prohibits a private school participating in
the MPCP from employing a person as instructional staff who has been convicted of
any of certain specified felonies for six years following the conviction.
3. The bill requires a private school to submit to the Department of Public
Instruction (DPI), before the school begins participating in the MPCP, a copy of the
school's certificate of occupancy issued by the city of Milwaukee, evidence of financial
viability, and proof that the administrator of the school participated in a fiscal
management training program approved by DPI. Annually, a private school
participating in the MPCP must submit to DPI evidence of sound fiscal practices.
4. The bill authorizes DPI to issue an order banning a private school from
participating in the MPCP in the succeeding school year if DPI determines that the
private school misrepresented information provided to DPI, failed to provide certain
information to DPI by the date or within the period required, failed to refund
overpayments to the state by the date required, or failed to meet at least one of the
currently required academic or other standards by the required date.
5. The bill authorizes DPI to issue an order immediately terminating a private
school's participation in the MPCP if DPI determines that conditions at the private
school present an imminent danger to the health or safety of pupils or that the
private school failed to provide certain information to DPI by the date or within the
period required.
6. The bill authorizes DPI to withhold payment from a private school
participating in the MPCP if the private school violates any law or administrative
rule governing the MPCP.
7. Under current law, in order to participate in the MPCP, a pupil must be a
member of a family with a total family income of no more than 1.75 times the federal
poverty level. This bill allows a pupil to continue to attend an MPCP school if the
pupil's family income does not exceed 2.2 times the federal poverty level. The bill also
provides that siblings of pupils attending an MPCP school are subject to the higher
limit.
8. This bill directs the Legislative Audit Bureau (LAB) to administer a 12-year
longitudinal study of the MPCP if LAB receives sufficient moneys, other than
general purpose revenue, for the study. The LAB must seek private sources of
funding for the study. The bill directs the LAB to report the results of the study to
the legislature annually; the first report is due by October 1, 2005.
9. Current law requires each school board to adopt either its own academic
standards or the academic standards contained in the governor's executive order
issued on January 13, 1998, and to administer fourth, eighth, and tenth grade
examinations to fourth, eighth, and tenth grade pupils enrolled in the school district,
including pupils enrolled in charter schools located in the school district (other than
independent charter schools operated by the University of Wisconsin-Milwaukee,
the University of Wisconsin-Parkside, the Milwaukee Area Technical College, and
the city of Milwaukee). Identical provisions exist under current law for independent
charter schools. Under current law, the fourth, eighth, and tenth grade
examinations are not required to be administered to pupils participating in the
MPCP.
This bill provides that the governing body of a private school participating in
the MPCP must adopt academic standards and administer fourth, eighth, and tenth
grade examinations to pupils enrolled in the private school. The governing body may
either adopt the DPI examinations or develop its own.
10. Under current law, each school board must administer to all pupils enrolled
in the school district in the third grade, including pupils enrolled in charter schools
located in the school district (other than independent charter schools), a
standardized reading test developed by DPI. The independent charter schools are
required to administer this test to their third grade pupils. Private schools
participating in the MPCP are not required to administer this test. This bill imposes
this requirement on these private schools.
11. Under current law, each school board and the operator of each independent
charter school must develop written policies specifying criteria for granting a high
school diploma. Neither a school board nor the operator of an independent charter
school may grant a high school diploma to any pupil unless the pupil has satisfied
the criteria. Similarly, each school board and each independent charter school must
adopt policies specifying criteria for promoting a pupil from the fourth grade to the
fifth grade and from the eighth grade to the ninth grade. A pupil may not be
promoted unless he or she satisfies the promotion criteria.
This bill imposes upon private schools participating in the MPCP the same
prohibitions against graduation and promotion (for pupils attending the private
school under the MPCP) that are imposed upon school boards and independent
charter schools.
12. Current law prohibits public schools from discriminating against pupils on
the basis of sex, race, religion, national origin, ancestry, creed, pregnancy, marital or
parental status, sexual orientation, or physical, mental, emotional, or learning
disability. In addition, each school board must adopt policies and procedures
implementing this nondiscrimination requirement. This bill extends the
nondiscrimination requirement to schools participating in the MPCP.
13. The bill subjects the MPCP schools to the same open meetings and open
records requirements that are applicable to public bodies.
14. Under current law, a pupil may participate in the MPCP only if, in the
previous school year, the pupil was enrolled in the Milwaukee Public Schools, was
attending a private school under the MPCP, was enrolled in grades kindergarten to
three in a private school located in the city of Milwaukee other than under the MPCP,
or was not enrolled in school. This bill eliminates this eligibility requirement.
15. Under current law, no more than 15% of a school district's enrollment may
attend private schools under the MPCP. This bill increases this limit to 15.5%.
Independent charter schools
Under current law, school boards may enter into contracts with individuals,
groups, businesses, or governmental bodies to establish charter schools, which
operate with fewer constraints than traditional public schools. Current law also
permits the University of Wisconsin-Milwaukee, the University of
Wisconsin-Parkside, the Milwaukee Area Technical College, and the city of
Milwaukee to operate charter schools (independent charter schools) directly or to
contract for the operation of charter schools.
For the University of Wisconsin-Parkside charter school, current law limits the
enrollment to 400 pupils. This bill increases the limit to 480 pupils beginning in the
2004-05 school year.
Currently, only pupils who reside in the school district in which an independent
charter school is located may attend the charter school. In order to be eligible to
attend an independent charter school located in the Milwaukee school district, a
pupil must also fall into one of the following categories:
1. In the previous school year, the pupil must have been enrolled in the
Milwaukee Public Schools.
2. In the previous school year, the pupil must have attended a private school
under the Milwaukee Parental Choice Program (MPCP).
3. In the previous school year, the pupil must have been enrolled in grades
kindergarten to three in a private school located in the city of Milwaukee other than
under the MPCP.
4. In the previous school year, the pupil must not have been enrolled in school.
5. In the previous school year, the pupil must have been enrolled in an
independent charter school.
This bill eliminates all of these requirements for attending an independent
charter school located in the Milwaukee school district. The bill also allows a pupil
who resides outside of the Milwaukee school district to continue to attend Woodlands
School (an independent charter school located in the city of Milwaukee), if the pupil
attended Woodlands School during the 2003-04 school year and during the previous
school year, or if the pupil's sibling attended Woodlands School in the 2003-04 school
year and in the school year of the pupil's initial attendance. The bill also allows a
pupil who resides outside of the Milwaukee school district to continue to attend
Marva Collins Preparatory School of Wisconsin or D.L. Hines Academy if the pupil
attended the school before the 2002-03 school year, or if the pupil's sibling attended
the school before the 2002-03 school year and in the school year of the pupil's initial
attendance.
The bill prohibits the city of Milwaukee, the University or
Wisconsin-Milwaukee, or the Milwaukee Area Technical College from establishing
a new charter school after this bill's effective date. Current law limits the University
of Wisconsin-Parkside to only one charter school.
Student Achievement Guarantee in Education Program
Under the current Student Achievement Guarantee in Education Program
(SAGE) DPI pays participating school districts $2,000 for each low-income pupil, in
exchange for the school district's meeting certain performance criteria and reducing
class size in grades kindergarten to three. Beginning in the 2004-05 school year, this
bill increases the payment to $2,500 per pupil.
The bill also allows a school board to use unexpended moneys under a SAGE
contract to assist other schools in satisfying the terms of a SAGE contract covering
the other schools.
Intradistrict transfer aid
Under current law, a school district that participates in the intradistrict special
transfer program, which allows pupils to attend public school outside their
attendance area in order to reduce racial imbalance in the school district, is eligible
for additional state aid. Beginning in the 2004-05 school year, a school district will
suffer a loss in such aid if less than 100% of the parents or guardians of transferred
pupils have given written consent for the transfer. This bill maintains the 95 percent
level of compliance currently required; i.e., the school district will receive aid for all
pupils transferred if at least 95% of the parents or guardians have provided written
consent.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB986, s. 1
1Section
1. 118.13 (1m) of the statutes is created to read:
AB986,6,82
118.13
(1m) No person who wishes to attend a private school under s. 119.23
3may be denied admission to that school and no pupil who is attending a private school
4under s. 119.23 may be denied participation in, be denied the benefits of, or be
5discriminated against in any curricular, extracurricular, pupil services, recreational,
6or other program or activity of that school because of the person's sex, race, religion,
7national origin, ancestry, creed, pregnancy, marital or parental status, sexual
8orientation, or physical, mental, emotional, or learning disability.
AB986, s. 2
9Section
2. 118.13 (2) (am) of the statutes is created to read:
AB986,7,310
118.13
(2) (am) Each private school participating in the program under s.
11119.23 shall develop written policies and procedures to implement this section and
12submit them to the state superintendent. The policies and procedures shall provide
1for receiving and investigating complaints regarding possible violations of this
2section, for making determinations as to whether this section has been violated, and
3for ensuring compliance with this section.
AB986, s. 3
4Section
3. 118.13 (2) (b) of the statutes is amended to read:
AB986,7,65
118.13
(2) (b) Any person who receives a negative determination under par. (a)
6or (am) may appeal the determination to the state superintendent.
AB986, s. 4
7Section
4. 118.13 (3) (a) 3. of the statutes is amended to read:
AB986,7,118
118.13
(3) (a) 3. Include in the department's biennial report under s. 15.04 (1)
9(d) information on the
status of school district compliance
of school districts and
10private schools with this section and
school district the progress
made toward
11providing reasonable equality of educational opportunity for all pupils in this state.
AB986, s. 5
12Section
5. 118.13 (3) (b) 1. of the statutes is amended to read:
AB986,7,1513
118.13
(3) (b) 1. Periodically review school district
and private school programs,
14activities and services to determine whether the school boards
and private schools 15are complying with this section.
AB986, s. 6
16Section
6. 118.13 (3) (b) 2. of the statutes is amended to read:
AB986,7,1817
118.13
(3) (b) 2. Assist school boards
and private schools to comply with this
18section by providing information and technical assistance upon request.
AB986, s. 7
19Section
7. 118.13 (4) of the statutes is amended to read:
AB986,7,2320
118.13
(4) Any public school
or private school official, employee or teacher who
21intentionally engages in conduct which discriminates against a person or causes a
22person to be denied rights, benefits or privileges, in violation of sub. (1)
or (1m), may
23be required to forfeit not more than $1,000.
AB986, s. 8
24Section
8. 118.30 (1g) (a) 1. of the statutes is amended to read:
AB986,8,5
1118.30
(1g) (a) 1. By August 1, 1998, each school board shall adopt pupil
2academic standards in mathematics, science, reading and writing, geography
, and
3history.
If the governor has issued The school board may adopt the pupil academic
4standards
issued by the governor as
an executive order
under s. 14.23, the school
5board may adopt those standards no. 326, dated January 13, 1998.
AB986, s. 9
6Section
9. 118.30 (1g) (a) 3. of the statutes is created to read:
AB986,8,117
118.30
(1g) (a) 3. The governing body of each private school participating in the
8program under s. 119.23 shall adopt pupil academic standards in mathematics,
9science, reading and writing, geography, and history. The governing body of the
10private school may adopt the pupil academic standards issued by the governor as
11executive order no. 326, dated January 13, 1998.
AB986, s. 10
12Section
10. 118.30 (1g) (c) of the statutes is amended to read:
AB986,8,2113
118.30
(1g) (c) Each school board operating elementary grades
and, each
14operator of a charter school under s. 118.40 (2r) that operates elementary grades
, and
15the governing body of each private school participating in the program under s.
16119.23 that operates elementary grades may develop or adopt its own examination
17designed to measure pupil attainment of knowledge and concepts in the 4th grade
18and may develop or adopt its own examination designed to measure pupil attainment
19of knowledge and concepts in the 8th grade. If the school board
or, operator of the
20charter school
, or governing body of the private school develops or adopts an
21examination under this paragraph, it shall notify the department.
AB986, s. 11
22Section
11. 118.30 (1s) of the statutes is created to read:
AB986,8,2423
118.30
(1s) Annually the governing body of each private school participating
24in the program under s. 119.23 shall do all of the following:
AB986,9,3
1(a) 1. Except as provided in sub. (6), administer the 4th grade examination
2adopted or approved by the state superintendent under sub. (1) (a) to all pupils
3attending the 4th grade in the private school under s. 119.23.
AB986,9,64
2. If the governing body of the private school has developed or adopted its own
54th grade examination, administer that examination to all pupils attending the 4th
6grade in the private school under s. 119.23.
AB986,9,97
(am) 1. Except as provided in sub. (6), administer the 8th grade examination
8adopted or approved by the state superintendent under sub. (1) (a) to all pupils
9attending the 8th grade in the private school under s. 119.23.
AB986,9,1210
2. If the governing body of the private school has developed or adopted its own
118th grade examination, administer that examination to all pupils attending the 8th
12grade in the private school under s. 119.23.
AB986,9,1413
(b) Administer the 10th grade examination to all pupils attending the 10th
14grade in the private school under s. 119.23.
AB986, s. 12
15Section
12. 118.30 (2) (b) 1. and 2. of the statutes are amended to read:
AB986,9,1916
118.30
(2) (b) 1. If a pupil is enrolled in a special education program under
17subch. V of ch. 115, the school board
or, operator of the charter school under s. 118.40
18(2r)
, or governing body of the private school participating in the program under s.
19119.23 shall comply with s. 115.77 (1m) (bg).
AB986,9,2420
2. According to criteria established by the state superintendent by rule, the
21school board
or, operator of the charter school under s. 118.40 (2r)
, or governing body
22of the private school participating in the program under s. 119.23 may determine not
23to administer an examination under this section to a limited-English speaking
24pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or
1her native language or may modify the format and administration of an examination
2for such pupils.
AB986, s. 13
3Section
13. 118.30 (2) (b) 5. of the statutes is created to read:
AB986,10,64
118.30
(2) (b) 5. Upon the request of a pupil's parent or guardian, the governing
5body of a private school participating in the program under s. 119.23 shall excuse the
6pupil from taking an examination administered under sub. (1s).
AB986, s. 14
7Section
14. 118.30 (6) of the statutes is amended to read:
AB986,10,178
118.30
(6) A school board
and, an operator of a charter school under s. 118.40
9(2r)
, and the governing body of a private school participating in the program under
10s. 119.23 is not required to administer the 4th and 8th grade examinations adopted
11or approved by the state superintendent under sub. (1) if the school board
or, the
12operator of the charter school
, or the governing body of the private school administers
13its own 4th and 8th grade examinations, the school board
or
, operator of the charter
14school
, or governing body of the private school provides the state superintendent
15with statistical correlations of those examinations with the examinations adopted or
16approved by the state superintendent under sub. (1), and the federal department of
17education approves.
AB986, s. 15
18Section
15. 118.33 (1) (f) 2m. of the statutes is created to read:
AB986,10,2319
118.33
(1) (f) 2m. The governing body of each private school participating in the
20program under s. 119.23 shall develop a policy specifying criteria for granting a high
21school diploma to pupils attending the private school under s. 119.23. The criteria
22shall include the pupil's academic performance and the recommendations of
23teachers.
AB986, s. 16
24Section
16. 118.33 (1) (f) 3. of the statutes is amended to read:
AB986,11,8
1118.33
(1) (f) 3. Beginning on September 1, 2005, neither a school board nor an
2operator of a charter school under s. 118.40 (2r) may grant a high school diploma to
3any pupil unless the pupil has satisfied the criteria specified in the school board's or
4charter school's policy under subd. 1. or 2.
Beginning on September 1, 2005, the
5governing body of a private school participating in the program under s. 119.23 may
6not grant a high school diploma to any pupil attending the private school under s.
7119.23 unless the pupil has satisfied the criteria specified in the governing body's
8policy under subd. 2m.