SB542: Bill Text

2003 - 2004 LEGISLATURE

2003 Senate BILL 542

March 10, 2004 - Introduced by Senators Moore, Robson, Jauch, Carpenter, Coggs, M. Meyer and Erpenbach, cosponsored by Representatives Sinicki, Richards, Cullen, Taylor, J. Lehman, Turner, Young and Zepnick, by request of Governor James E. Doyle. Referred to Committee on Education, Ethics and Elections.

SB542,2,4 An Act to repeal 118.40 (2r) (c) 2., 118.43 (6) (c), 119.23 (2) (a) 2., 119.23 (7) (b) and 121.85 (6) (am) 5.; to renumber 119.23 (1) (a) and 895.48 (1m); to renumber and amend 118.40 (2r) (cm), 119.23 (7) (am) and 146.89 (1); to amend 118.13 (2) (b), 118.13 (3) (a) 3., 118.13 (3) (b) 1., 118.13 (3) (b) 2., 118.13 (4), 118.30 (1g) (a) 1., 118.30 (1g) (c), 118.30 (2) (b) 1. and 2., 118.30 (6), 118.33 (1) (f) 3., 118.40 (2r) (c) 1., 118.43 (6) (b) (intro.), 118.43 (6) (b) 8., 118.43 (6) (d), 119.23 (2) (a) 1., 119.23 (2) (b), 121.85 (6) (am) 4. (intro.), 146.89 (2) (a), 146.89 (2) (c), 146.89 (2) (d), 146.89 (3) (b) (intro.), 146.89 (3) (c) and 146.89 (3) (d) (intro.); and to create 118.13 (1m), 118.13 (2) (am), 118.30 (1g) (a) 3., 118.30 (1s), 118.30 (2) (b) 5., 118.33 (1) (f) 2m., 118.33 (6) (c), 118.40 (2r) (c) 3., 118.40 (2r) (c) 4., 118.40 (2r) (c) 5., 118.40 (2r) (cm) 2., 118.43 (6) (b) 9., 119.23 (1) (am), 119.23 (7) (am) 2. and 3., 119.23 (7) (d), 119.23 (7) (e), 119.23 (7m), 119.23 (9), 119.23 (10), 119.23 (11), 146.89 (1) (d), 146.89 (1) (g), 146.89 (1) (h), 146.89 (3s) and 895.48 (1m) (b) of the statutes; relating to: the Volunteer Health Care Provider Program; independent charter schools; the Milwaukee Parental Choice Program; the Student Achievement Guarantee in Education Program; intradistrict transfer aid; granting rule-making authority; and making an appropriation.

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:

SB542, s. 1 Section 1. 118.13 (1m) of the statutes is created to read:

SB542,6,8 118.13 (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.

SB542, s. 2 Section 2. 118.13 (2) (am) of the statutes is created to read:

SB542,7,3 118.13 (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.

SB542, s. 3 Section 3. 118.13 (2) (b) of the statutes is amended to read:

SB542,7,6 118.13 (2) (b) Any person who receives a negative determination under par. (a) or (am) may appeal the determination to the state superintendent.

SB542, s. 4 Section 4. 118.13 (3) (a) 3. of the statutes is amended to read:

SB542,7,11 118.13 (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.

SB542, s. 5 Section 5. 118.13 (3) (b) 1. of the statutes is amended to read:

SB542,7,15 118.13 (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.

SB542, s. 6 Section 6. 118.13 (3) (b) 2. of the statutes is amended to read:

SB542,7,18 118.13 (3) (b) 2. Assist school boards and private schools to comply with this section by providing information and technical assistance upon request.

SB542, s. 7 Section 7. 118.13 (4) of the statutes is amended to read:

SB542,7,23 118.13 (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.

SB542, s. 8 Section 8. 118.30 (1g) (a) 1. of the statutes is amended to read:

SB542,8,5 118.30 (1g) (a) 1. By August 1, 1998, each school board shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. If the governor has issued The school board may adopt the pupil academic standards issued by the governor as an executive order under s. 14.23, the school board may adopt those standards no. 326, dated January 13, 1998.

SB542, s. 9 Section 9. 118.30 (1g) (a) 3. of the statutes is created to read:

SB542,8,11 118.30 (1g) (a) 3. The governing body of each private school participating in the program under s. 119.23 shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. The governing body of the private school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.

SB542, s. 10 Section 10. 118.30 (1g) (c) of the statutes is amended to read:

SB542,8,21 118.30 (1g) (c) Each school board operating elementary grades and, each operator of a charter school under s. 118.40 (2r) that operates elementary grades, and the governing body of each private school participating in the program under s. 119.23 that operates elementary grades may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 4th grade and may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 8th grade. If the school board or, operator of the charter school, or governing body of the private school develops or adopts an examination under this paragraph, it shall notify the department.

SB542, s. 11 Section 11. 118.30 (1s) of the statutes is created to read:

SB542,8,24 118.30 (1s) Annually the governing body of each private school participating in the program under s. 119.23 shall do all of the following:

SB542,9,3 (a) 1. Except as provided in sub. (6), administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils attending the 4th grade in the private school under s. 119.23.

SB542,9,6 2. If the governing body of the private school has developed or adopted its own 4th grade examination, administer that examination to all pupils attending the 4th grade in the private school under s. 119.23.

SB542,9,9 (am) 1. Except as provided in sub. (6), administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils attending the 8th grade in the private school under s. 119.23.

SB542,9,12 2. If the governing body of the private school has developed or adopted its own 8th grade examination, administer that examination to all pupils attending the 8th grade in the private school under s. 119.23.

SB542,9,14 (b) Administer the 10th grade examination to all pupils attending the 10th grade in the private school under s. 119.23.

SB542, s. 12 Section 12. 118.30 (2) (b) 1. and 2. of the statutes are amended to read:

SB542,9,19 118.30 (2) (b) 1. 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 governing body of the private school participating in the program under s. 119.23 shall comply with s. 115.77 (1m) (bg).

SB542,9,24 2. According to criteria established by the state superintendent by rule, the school board or, operator of the charter school under s. 118.40 (2r), or governing body of the private school participating in the program under s. 119.23 may determine not to administer an examination under this section to a limited-English speaking pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or her native language or may modify the format and administration of an examination for such pupils.

SB542, s. 13 Section 13. 118.30 (2) (b) 5. of the statutes is created to read:

SB542,10,6 118.30 (2) (b) 5. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 119.23 shall excuse the pupil from taking an examination administered under sub. (1s).

SB542, s. 14 Section 14. 118.30 (6) of the statutes is amended to read:

SB542,10,17 118.30 (6) A school board and, an operator of a charter school under s. 118.40 (2r), and the governing body of a private school participating in the program under s. 119.23 is not required to administer the 4th and 8th grade examinations adopted or approved by the state superintendent under sub. (1) if the school board or, the operator of the charter school, or the governing body of the private school administers its own 4th and 8th grade examinations, the school board or , operator of the charter school, or governing body of the private school provides the state superintendent with statistical correlations of those examinations with the examinations adopted or approved by the state superintendent under sub. (1), and the federal department of education approves.

SB542, s. 15 Section 15. 118.33 (1) (f) 2m. of the statutes is created to read:

SB542,10,23 118.33 (1) (f) 2m. The governing body of each private school participating in the program under s. 119.23 shall develop a policy specifying criteria for granting a high school diploma to pupils attending the private school under s. 119.23. The criteria shall include the pupil's academic performance and the recommendations of teachers.