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20.255
(2) (fu)
Milwaukee parental choice program. A sum sufficient to make
6the payments to private schools under
s. ss. 118.63 (4) and(4m) and 119.23 (4) and
7(4m).".
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10"
Section 3m. 118.63 of the statutes is created to read:
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11118.63 Parental choice program. (1) In this section:
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(a) "Membership" has the meaning given in s. 121.004 (5).
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1(b) "Summer average daily membership equivalent" has the meaning given in
2s. 121.004 (8).
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(c) "Summer choice average daily membership equivalent" means the summer
4average daily membership equivalent of pupils who were attending a private school
5under this section on the 2nd Friday of January of the school term immediately
6preceding that summer or whose applications have been accepted under sub. (3) for
7attendance at the private school in the school term immediately following that
8summer.
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(d) "Teacher" means a person who has primary responsibility for the academic
10instruction of pupils.
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11(2) (a) Subject to par. (b), any pupil in grades kindergarten to 12 who resides
12within a school district located in whole or in part in senate district 8, 21, 28, or 33
13may attend, at no charge, any private school located in that school district if all of the
14following apply:
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1. The pupil is a member of a family that has a total family income that does
16not exceed an amount equal to 1.75 times the poverty level determined in accordance
17with criteria established by the director of the federal office of management and
18budget. A pupil attending a private school under this section whose family income
19increases may continue to attend a private school under this section if the pupil is
20a member of a family that has a total family income that does not exceed an amount
21equal to 2.2 times the poverty level determined in accordance with criteria
22established by the director of the federal office of management and budget. For
23purposes of admission to a private school under this section, siblings of pupils
24attending a private school under this section are subject to the higher income limit.
25If a pupil attending a private school under this section ceases to attend a private
1school under this section, the lower income limit applies unless the pupil is a sibling
2of a pupil attending a private school under this section.
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2. The private school notified the state superintendent of its intent to
4participate in the program under this section by February 1 of the previous school
5year. The notice shall specify the number of pupils participating in the program
6under this section for which the school has space.
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42 USC 2000d.
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4. The private school meets all health and safety laws or codes that apply to
9public schools.
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5. All of the private school's teachers have graduated from high school or been
11granted a declaration of equivalency of high school graduation.
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6. The private school achieves accreditation by the Wisconsin North Central
13Association, the Wisconsin Religious and Independent Schools Accreditation, the
14Independent Schools Association of the Central States, the Archdiocese of
15Milwaukee, the Institute for the Transformation of Learning at Marquette
16University, or any other organization recognized by the National Council for Private
17School Accreditation, by December 31 of the 3rd school year following the first school
18year that begins after June 30, 2006, in which it participates in the program under
19this section, or the private school was approved for scholarship funding for the
202005-06 school year by Partners Advancing Values in Education.
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(b) No more than 7,500 pupils, as counted under s. 121.004 (7), may attend
22private schools in any single school district under this section. Whenever the state
23superintendent determines that the limit is reached, he or she shall issue an order
24prohibiting the participating private schools from accepting additional pupils until
1he or she determines that the number of pupils attending private schools under this
2section has fallen below the limit.
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3(3) (a) The pupil or the pupil's parent or guardian shall submit an application,
4on a form provided by the state superintendent, to the participating private school
5that the pupil wishes to attend. Within 60 days after receiving the application, the
6private school shall notify the applicant, in writing, whether the application has been
7accepted. The state superintendent shall ensure that the private school determines
8which pupils to accept on a random basis, except that the private school may give
9preference in accepting applications to siblings of pupils accepted on a random basis.
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(b) If the private school rejects an applicant because it has too few available
11spaces, the pupil may transfer his or her application to a participating private school
12that has space available.
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13(4) (a) Annually, on or before October 15, a private school participating in the
14program under this section shall file with the department a report stating its
15summer average daily membership equivalent and its summer choice average daily
16membership equivalent for the purpose of sub. (4m).
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(b) Upon receipt from the pupil's parent or guardian of proof of the pupil's
18enrollment in the private school during a school term, the state superintendent shall
19pay to the parent or guardian, from the appropriation under s. 20.255 (2) (fu), an
20amount equal to the lesser of the following:
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1. The amount equal to the private school's operating and debt service cost per
22pupil that is related to educational programming, as determined by the department.
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2. The amount paid per pupil under s. 119.23 (4) (b) in the previous school year
24multiplied by the sum of 1.0 plus the percentage change from the previous school
1year to the current school year in the total amount appropriated under s. 20.255 (2)
2(ac) expressed as a decimal, but not less than zero.
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(c) The state superintendent shall pay 25 percent of the total amount under par.
4(b) in September, 25 percent in November, 25 percent in February, and 25 percent in
5May. The state superintendent may include the entire amount under sub. (4m) in
6one of those installments or apportion the entire amount among one or more of those
7installments. The department shall send the check to the private school. The parent
8or guardian shall restrictively endorse the check for the use of the private school.
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9(4m) In addition to the payment under sub. (4) the state superintendent shall
10pay to the parent or guardian of each pupil enrolled in a private school under this
11section, in the manner described in sub. (4) (c), an amount determined by multiplying
1240 percent of the payment under sub. (4) by the quotient determined by dividing the
13summer choice average daily membership equivalent of the private school by the
14total number of pupils for whom payments are being made under sub. (4).
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15(5) The state superintendent shall ensure that pupils and parents and
16guardians of pupils who reside in the school district are informed annually of the
17private schools participating in the program under this section.
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18(6) The board shall provide transportation to pupils attending a private school
19under this section if required under s. 121.54 and may claim transportation aid
20under s. 121.58 for pupils so transported.
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21(7) (a) Each private school participating in the program under this section
22shall meet at least one of the following standards:
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1. At least 70 percent of the pupils in the program advance one grade level each
24year.
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12. The private school's average attendance rate for the pupils in the program
2is at least 90 percent.
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3. At least 80 percent of the pupils in the program demonstrate significant
4academic progress.
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4. At least 70 percent of the families of pupils in the program meet parent
6involvement criteria established by the private school.
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(am) Each private school participating in the program under this section is
8subject to uniform financial accounting standards established by the department.
9Annually by September 1 following a school year in which a private school
10participated in the program under this section, the private school shall submit to the
11department all of the following:
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1. An independent financial audit of the private school conducted by a certified
13public accountant, accompanied by the auditor's statement that the report is free of
14material misstatements and fairly presents pupil costs under sub. (4) (b) 1. The audit
15under this subdivision shall be limited in scope to those records that are necessary
16for the department to make payments under subs. (4) and (4m).
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2. Evidence of sound fiscal practices, as prescribed by the department by rule.
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(c) A private school may not require a pupil attending the private school under
19this section to participate in any religious activity if the pupil's parent or guardian
20submits to the pupil's teacher or the private school's principal a written request that
21the pupil be exempt from such activities.
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(d) By August 1 before the first school term of participation in the program, or
23by May 1 if the private school begins participating in the program during summer
24school, each private school participating in the program under this section shall
25submit to the department all of the following:
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11. A copy of the school's current certificate of occupancy. If the private school
2moves to a new location, the private school shall submit a copy of the new certificate
3of occupancy to the department before the attendance of pupils at the new location
4and before the next succeeding date specified in s. 121.05 (1) (a). A temporary
5certificate of occupancy does not meet the requirement of this subdivision.
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2. Evidence of financial viability, as prescribed by the department by rule.
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3. Proof that the private school's administrator has participated in a fiscal
8management training program approved by the department.
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(e) 1. Annually, each private school participating in the program under this
10section shall administer a nationally normed standardized test in reading,
11mathematics, and science to pupils attending the school under the program in the
124th, 8th, and 10th grades. The private school may administer additional
13standardized tests to such pupils. Beginning in 2006 and annually thereafter until
142011, the private school shall provide the scores of all standardized tests that it
15administers to the School Choice Demonstration Project.
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2. The legislative audit bureau shall review and analyze the standardized test
17score data received from the School Choice Demonstration Project. Based on its
18review, in 2007 and annually thereafter until 2011, the bureau shall report to the
19legislature under s. 13.172 (2) the results of the standardized tests administered
20under subd. 1., the scores of a representative sample of pupils participating in the
21program on the tests under ss. 118.30 and 121.02 (1) (r), and the scores of a
22comparable group of pupils enrolled in the school district operating under this
23chapter on the tests under ss. 118.30 and 121.02 (1) (r).
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(f) A private school that is neither accredited nor approved under sub. (2) (a)
256., and to which either of the following applies, shall apply for accreditation by
1December 31 of the school year in which it enters or reenters the program under this
2section:
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1. The private school did not participate in the program under this section
4during the 2005-06 school year.
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2. The private school participated in the program under this section during the
62005-06 school year but did not participate in the program during the 2006-07
7school year.
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8(8) There is created a pupil assignment council composed of one representative
9from each private school participating in the program under this section. Annually
10by June 30, the council shall make recommendations to the participating private
11schools to achieve, to the extent possible, a balanced representation of pupils
12participating in the program under this section.
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13(9) If any accrediting agency specified under sub. (2) (a) 6. determines during
14the accrediting process that a private school does not meet all of the requirements
15under s. 118.165 (1), it shall report that failure to the department.
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16(10) (a) The state superintendent may issue an order barring a private school
17from participating in the program under this section in the current school year if the
18state superintendent determines that the private school has done any of the
19following:
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1. Misrepresented information required under sub. (7) (d).
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2. Failed to provide the notice required under sub. (2) (a) 2., or the information
22required under sub. (7) (am) or (d), by the date or within the period specified.
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3. Failed to refund to the state any overpayment made under sub. (4) (b) or (4m)
24by the date specified by department rule.
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14. Failed to meet at least one of the standards under sub. (7) (a) by the date
2specified by department rule.
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(am) If the state superintendent determines that any of the following have
4occurred, he or she may issue an order barring the private school from participating
5in the program under this section in the following school year:
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1. The private school has not complied with the requirement under sub. (7) (f).
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2. The private school's application for accreditation has been denied by the
8accrediting organization.
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3. The private school has not achieved accreditation within the period allowed
10under sub. (2) (a) 6.
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(b) The state superintendent may issue an order immediately terminating a
12private school's participation in the program under this section if he or she
13determines that conditions at the private school present an imminent threat to the
14health or safety of pupils.
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(c) Whenever the state superintendent issues an order under par. (a), (am), or
16(b), he or she shall immediately notify the parent or guardian of each pupil attending
17the private school under this section.
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(d) The state superintendent may withhold payment from a parent or guardian
19under subs. (4) and (4m) if the private school attended by the child of the parent or
20guardian violates this section.
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21(11) The department shall promulgate rules to implement and administer this
22section.".