SB542,16,65 119.23 (7) (d) Each private school participating in the program under this
6section shall submit to the department all of the following:
SB542,16,97 1. By August 1 before the first school term of participation in the program, or
8by May 1 if the private school begins participating in the program during summer
9school, all of the following:
SB542,16,1510 a. A copy of the school's current certificate of occupancy issued by the city. If
11the private school moves to a new location, the private school shall submit a copy of
12the new certificate of occupancy issued by the city to the department before the
13attendance of pupils at the new location and before the next succeeding date specified
14in s. 121.05 (1) (a). A temporary certificate of occupancy does not meet the
15requirement of this subd. 1. a.
SB542,16,1616 b. Evidence of financial viability, as prescribed by the department by rule.
SB542,16,1817 c. Proof that the private school's administrator has participated in a fiscal
18management training program approved by the department.
SB542,17,219 2. Annually by February 1, a notarized statement by a person legally
20authorized to act on behalf of the private school that the private school will conduct
21a criminal background check through the department of justice on each individual
22who will be employed by the private school in the following school year. If the
23individual is a nonresident, the department of justice may provide for the submission
24of information to the federal bureau of investigation for the purposes of verifying the

1identity of the individual and obtaining records of his or her criminal arrest and
2conviction.
SB542, s. 39 3Section 39. 119.23 (7) (e) of the statutes is created to read:
SB542,17,114 119.23 (7) (e) 1. Notwithstanding subch. II of ch. 111, except as provided in
5subd. 2. a private school participating in the program under this section may not
6employ as instructional staff an individual convicted of any Class A, B, C, D, E, F, G,
7or H felony under ch. 940 or 948, except ss. 940.08 and 940.205, or of any Class BC
8felony under ch. 940 or 948, 1999 stats., for 6 years following the date of the
9conviction, and may employ as instructional staff such an individual after 6 years
10only if the individual establishes by clear and convincing evidence that he or she is
11entitled to be employed.
SB542,17,1612 2. A private school participating in the program under this section may employ
13as instructional staff an individual convicted of a crime enumerated in subd. 1., prior
14to the expiration of the 6-year period following the conviction, if the private school
15receives from the court in which the conviction occurred a certificate stating that the
16conviction has been reversed, set aside, or vacated.
SB542, s. 40 17Section 40. 119.23 (7m) of the statutes is created to read:
SB542,17,1918 119.23 (7m) The governing body of each private school participating in the
19program under this section shall do all of the following:
SB542,17,2320 (a) Permit public inspection and copying of any record, as defined in s. 19.32
21(2), of the private school to the same extent as is required of, and subject to the same
22terms and enforcement provisions that apply to, an authority under subch. II of ch.
2319.
SB542,18,3
1(b) Provide public access to its meetings to the same extent as is required of,
2and subject to the same terms and enforcement provisions that apply to, a
3governmental body under subch. V of ch. 19.
SB542,18,54 (c) Administer to the pupils attending the 3rd grade in the private school under
5this section a standardized reading test developed by the department.
SB542, s. 41 6Section 41. 119.23 (9) of the statutes is created to read:
SB542,18,167 119.23 (9) The legislative audit bureau shall conduct a longitudinal study, of
8up to 12 years in length, of the program under this section if the bureau receives
9sufficient moneys, other than general purpose revenue, for the study. The study shall
10use standardized examinations used by the school district operating under this
11chapter, and shall review graduation rates and other indicators of academic
12achievement of the pupils attending private schools under this section. The results
13of the study shall be submitted to the joint legislative audit committee and to the
14appropriate standing committees of the legislature annually over the 12-year period
15in the manner provided under s. 13.172 (3), with the first report due by October 1,
162005, and with a comprehensive review and interim report due by October 1, 2010.
SB542, s. 42 17Section 42. 119.23 (10) of the statutes is created to read:
SB542,18,2118 119.23 (10) (a) The state superintendent may issue an order barring a private
19school from participating in the program under this section in the succeeding school
20year if the state superintendent determines that the private school has done any of
21the following:
SB542,18,2222 1. Misrepresented information required under sub. (7) (d).
SB542,18,2423 2. Failed to provide the notice required under sub. (2) (a) 3., or the information
24required under sub. (7) (am), by the date or within the period specified.
SB542,19,2
13. Failed to refund to the state any overpayment made under sub. (4) (b) or (4m)
2by the date specified by department rule.
SB542,19,43 4. Failed to meet at least one of the standards under sub. (7) (a) by the date
4specified by department rule.
SB542,19,95 (b) The state superintendent may issue an order immediately terminating a
6private school's participation in the program under this section if he or she
7determines that conditions at the private school present an imminent threat to the
8health or safety of pupils or that the private school has failed to provide the
9information required under sub. (7) (d) by the date or within the period specified.
SB542,19,1210 (c) Whenever the state superintendent issues an order under par. (a) or (b), he
11or she shall immediately notify the parent or guardian of each pupil attending the
12private school under this section.
SB542,19,1513 (d) The state superintendent may withhold payment from a parent or guardian
14under subs. (4) and (4m) if the private school attended by the child of the parent or
15guardian violates this section.
SB542, s. 43 16Section 43. 119.23 (11) of the statutes is created to read:
SB542,19,1817 119.23 (11) The department shall promulgate rules to implement and
18administer this section.
SB542, s. 44 19Section 44. 121.85 (6) (am) 4. (intro.) of the statutes is amended to read:
SB542,19,2120 121.85 (6) (am) 4. (intro.) In the 2003-04 school year and in each school year
21thereafter
:
SB542, s. 45 22Section 45. 121.85 (6) (am) 5. of the statutes is repealed.
SB542, s. 46 23Section 46. 146.89 (1) of the statutes, as affected by 2003 Wisconsin Act 92,
24is renumbered 146.89 (1) (intro.) and amended to read:
SB542,19,2525 146.89 (1) (intro.) In this section, "volunteer:
SB542,20,7
1(r) "Volunteer health care provider" means an individual who is licensed as a
2physician under ch. 448, dentist or dental hygienist under ch. 447, registered nurse,
3practical nurse, or nurse-midwife under ch. 441, optometrist under ch. 449, or
4physician assistant under ch. 448 or who is certified as a dietitian under subch. V of
5ch. 448 and who receives no income from the practice of that health care profession
6or who receives no income from the practice of that health care profession when
7providing services at the nonprofit agency or school specified under sub. (3).
SB542, s. 47 8Section 47. 146.89 (1) (d) of the statutes is created to read:
SB542,20,109 146.89 (1) (d) "Governing body" means the governing body of any of the
10following:
SB542,20,1111 1. A charter school, as defined in s. 115.001 (1).
SB542,20,1312 2. A private school, as defined in s. 115.001 (3r), that participates in the
13Milwaukee Parental Choice Program under s. 119.23.
SB542, s. 48 14Section 48. 146.89 (1) (g) of the statutes is created to read:
SB542,20,1515 146.89 (1) (g) "School" means any of the following:
SB542,20,1616 1. A public elementary school.
SB542,20,1717 2. A charter school, as defined in s. 115.001 (1).
SB542,20,1918 3. A private school, as defined in s. 115.001 (3r), that participates in the
19Milwaukee Parental Choice Program under s. 119.23
SB542, s. 49 20Section 49. 146.89 (1) (h) of the statutes is created to read:
SB542,20,2121 146.89 (1) (h) "School board" has the meaning given in s. 115.001 (7).
SB542, s. 50 22Section 50. 146.89 (2) (a) of the statutes is amended to read:
SB542,21,723 146.89 (2) (a) A volunteer health care provider may participate under this
24section only if he or she submits a joint application with a nonprofit agency, school
25board, or governing body
to the department of administration and that department

1approves the application. If the volunteer health care provider submits a joint
2application with a school board or governing body, the application shall include a
3statement by the school board or governing body that certifies that the volunteer
4health care provider has received materials that specify school board or governing
5body policies concerning the provision of health care services to students and has
6agreed to comply with the policies.
The department of administration shall provide
7application forms for use under this paragraph.
SB542, s. 51 8Section 51. 146.89 (2) (c) of the statutes is amended to read:
SB542,21,119 146.89 (2) (c) The department of administration shall notify the volunteer
10health care provider and the nonprofit agency, school board, or governing body of the
11department's decision to approve or disapprove the application.
SB542, s. 52 12Section 52. 146.89 (2) (d) of the statutes is amended to read:
SB542,21,2013 146.89 (2) (d) Approval of an application of a volunteer health care provider is
14valid for one year. If a volunteer health care provider wishes to renew approval, he
15or she shall submit a joint renewal application with a nonprofit agency , school board,
16or governing body
to the department of administration. The department of
17administration shall provide renewal application forms that are developed by the
18department of health and family services and that include questions about the
19activities that the individual has undertaken as a volunteer health care provider in
20the previous 12 months.
SB542, s. 53 21Section 53. 146.89 (3) (b) (intro.) of the statutes is amended to read:
SB542,21,2322 146.89 (3) (b) (intro.) The Under this section, the nonprofit agency may provide
23the following health care services:
SB542, s. 54 24Section 54. 146.89 (3) (c) of the statutes is amended to read:
SB542,22,3
1146.89 (3) (c) The Under this section, the nonprofit agency may not provide
2emergency medical services, hospitalization, or surgery, except as provided in par.
3(b) 8.
SB542, s. 55 4Section 55. 146.89 (3) (d) (intro.) of the statutes is amended to read:
SB542,22,75 146.89 (3) (d) (intro.) The Under this section, the nonprofit agency shall provide
6health care services primarily to low-income persons who are uninsured and who are
7not recipients of any of the following:
SB542, s. 56 8Section 56. 146.89 (3s) of the statutes is created to read:
SB542,22,119 146.89 (3s) All of the following apply to a volunteer health care provider whose
10joint application with a school board or relevant governing body is approved under
11sub. (2):
SB542,22,1612 (a) Before providing health care services in a school, the volunteer health care
13provider shall provide to the school board or relevant governing body proof of
14satisfactory completion of any competency requirements that are relevant to the
15volunteer health care provider, as specified by the department of public instruction
16by rule.
SB542,22,1817 (b) Under this section, the volunteer health care provider may provide only to
18students from 4-year-old kindergarten to grade 6 the following health care services:
SB542,22,2019 1. Except as specified in par. (c), the health care services specified in sub. (3)
20(b) 1. to 5., 7., and 8.
SB542,22,2121 2. First aid for illness or injury.
SB542,22,2322 3. Except as specified in par. (c), the administration of drugs, as specified in s.
23118.29 (2) (a) 1. to 3.
SB542,22,2424 4. Health screenings.
SB542,23,2
15. Any other health care services designated by the department of public
2instruction by rule.
SB542,23,43 (c) Under this section, the volunteer health care provider may not provide any
4of the following:
SB542,23,55 1. Emergency medical services.
SB542,23,66 2. Hospitalization.
SB542,23,77 3. Surgery, except as provided in par. (b) 2. and 5.
SB542,23,88 4. A referral for abortion, as defined in s. 48.375.
SB542,23,99 5. A contraceptive article, as defined in s. 450.155 (1) (a).
SB542,23,1010 6. A pregnancy test.
SB542,23,1311 (d) Any health care services provided under par. (b) shall be provided without
12charge at the school and shall be available to all students from 4-year-old
13kindergarten to grade 6 regardless of income.
SB542, s. 57 14Section 57. 895.48 (1m) of the statutes, as affected by 2003 Wisconsin Act 33,
15is renumbered 895.48 (1m) (a).
SB542, s. 58 16Section 58. 895.48 (1m) (b) of the statutes is created to read:
SB542,23,1817 895.48 (1m) (b) This subsection does not apply to health care services provided
18by a volunteer health care provider under s. 146.89.
SB542, s. 59 19Section 59. Nonstatutory provisions.
SB542,23,22 20(1) Criminal background checks. Notwithstanding section 119.23 (7) (d) 2. of
21the statutes, as created by this act, the first notarized statement required under that
22subdivision is due within 60 days after the effective date of this subsection.
SB542,24,2 23(2) Legislative audit bureau positions. The authorized FTE positions for the
24legislative audit bureau, funded from the appropriation under section 20.765 (3) (g)

1of the statutes, are increased by 3.0 PR positions to conduct the study under section
2119.23 (9) of the statutes, as created by this act.
SB542, s. 60 3Section 60. Appropriation changes; public instruction.
SB542,24,84 (1) Achievement guarantee contracts. In the schedule under section 20.005
5(3) of the statutes for the appropriation to the department of public instruction under
6section 20.255 (2) (cu) of the statutes, as affected by the acts of 2003, the dollar
7amount is increased by $23,782,700 for fiscal year 2004-05 to increase funding for
8the purpose for which the appropriation is made.
SB542, s. 61 9Section 61. Initial applicability.
SB542,24,10 10(1) Milwaukee parental choice program.
SB542,24,1611 (a) The treatment of sections 119.23 (2) (b), (7) (b), (d) and (e), (10), and (11) of
12the statutes, the renumbering of section 119.23 (7) (am) of the statutes, and the
13creation of section 119.23 (7) (am) 2. of the statutes first apply to private schools that
14participate in the Milwaukee Parental Choice Program under section 119.23 of the
15statutes, and to pupils who attend a private school under section 119.23 of the
16statutes, in the 2004-05 school year.
SB542,24,1817 (b) The treatment of section 119.23 (7) (am) 3. of the statutes first applies to
18certifications under that subdivision that are due by September 1, 2005.
SB542,24,2119 (c) The treatment of section 118.13 (1m) and 119.23 (2) (a) 1. and 2. of the
20statutes first applies to persons who apply to attend a private school under section
21119.23 of the statutes in the 2004-05 school year.
SB542,25,2 22(2) Volunteer health care provider program. The treatment of sections
23146.89 (2) (a), (c), and (d), (3) (b) (intro.), (c), and (d) (intro.), and (3s), the renumbering
24of sections 146.89 (1) and 895.48 (1m) of the statutes, and the creation of sections
25146.89 (1) (d), (g), and (h) and 895.48 (1m) (b) of the statutes first apply to

1applications submitted under section 146.89 (2) (a) of the statutes, as affected by this
2act, on the effective date of this subsection.
SB542,25,43 (3) University of Wisconsin-Parkside. The treatment of section 118.40 (2r)
4(cm) 1. of the statutes first applies in the 2004-05 school year.
SB542,25,55 (End)
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