Amendment AA1-ASA1-SB40

SB40-ASA1-AA1,342,18 (e) The private school achieves accreditation by the Wisconsin North Central Association, the Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, or any other organization recognized by the National Council for Private School Accreditation, by December 31 of the 3rd school year following the first school year in which the private school participates in the program under this section.

SB40-ASA1-AA1,342,25 (3) (a) The pupil or the pupil's parent or guardian shall submit an application, on a form provided by the state superintendent, to the participating private school that the pupil wishes to attend. The pupil or the pupil's parent or guardian shall submit with the application sufficient documentation, as determined by the state superintendent by rule, for the participating private school to verify family income and to determine payments to be made on behalf of the pupil under subs. (4) and (4m).

SB40-ASA1-AA1,343,5 (b) Within 60 days after receiving the application, the private school shall notify the applicant, in writing, whether the application has been accepted. The state superintendent shall ensure that the private school determines which pupils to accept on a random basis, except that the private school may give preference in accepting applications to siblings of pupils accepted on a random basis.

SB40-ASA1-AA1,343,8 (c) If the private school rejects an applicant because it has too few available spaces, the pupil may transfer his or her application to a participating private school that has space available.

SB40-ASA1-AA1,343,10 (d) The pupil or the pupil's parent or guardian shall submit proof of the pupil's enrollment in the private school to the state superintendent prior to the school term.

SB40-ASA1-AA1,343,14 (4) (a) Annually, on or before October 15, a private school participating in the program under this section shall file with the department a report stating its summer average daily membership equivalent and its summer choice average daily membership equivalent for the purpose of sub. (4m).

SB40-ASA1-AA1,343,17 (b) Upon receipt of proof of enrollment under sub. (3) (d), the state superintendent shall pay to the parent or guardian, from the appropriation under s. 20.255 (2) (fr), an amount equal to the lesser of the following:

SB40-ASA1-AA1,343,19 1. The amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department.

SB40-ASA1-AA1,343,25 2. a. If the pupil is a member of a family that has a total family income that is no more than 1.75 times the poverty line, $6,500 in the 2009-10 school year, and, in each subsequent school year, the amount paid per pupil under this subd. 2. a. in the previous school year multiplied by the sum of 1.0 plus the percentage change from the previous school year to the current school year in the total amount appropriated under s. 20.255 (2) (ac) expressed as a decimal, but not less than zero.

SB40-ASA1-AA1,344,7 b. If the pupil is a member of a family that has a total family income that is more than 1.75 times the poverty line but no more than 2.25 times the poverty line, $5,000 in the 2009-10 school year, and, in each subsequent school year, the amount paid per pupil under this subd. 2. b. in the previous school year multiplied by the sum of 1.0 plus the percentage change from the previous school year to the current school year in the total amount appropriated under s. 20.255 (2) (ac) expressed as a decimal, but not less than zero.

SB40-ASA1-AA1,344,14 c. If the pupil is a member of a family that has a total family income that is more than 2.25 times the poverty line but no more than 2.50 times the poverty line, $3,500 in the 2009-10 school year, and, in each subsequent school year, the amount paid per pupil under this subd. 2. c. in the previous school year multiplied by the sum of 1.0 plus the percentage change from the previous school year to the current school year in the total amount appropriated under s. 20.255 (2) (ac) expressed as a decimal, but not less than zero.

SB40-ASA1-AA1,344,21 d. If the pupil is a member of a family that has a total family income that is more than 2.50 times the poverty line but no more than 2.75 times the poverty line, $2,000 in the 2009-10 school year, and, in each subsequent school year, the amount paid per pupil under this subd. 2. d. in the previous school year multiplied by the sum of 1.0 plus the percentage change from the previous school year to the current school year in the total amount appropriated under s. 20.255 (2) (ac) expressed as a decimal, but not less than zero.

SB40-ASA1-AA1,345,2 e. If the pupil is a member of a family that has a total family income that is more than 2.75 times the poverty line, $1,000 in the 2009-10 school year, and, in each subsequent school year, the amount paid per pupil under this subd. 2. e. in the previous school year multiplied by the sum of 1.0 plus the percentage change from the previous school year to the current school year in the total amount appropriated under s. 20.255 (2) (ac) expressed as a decimal, but not less than zero.

SB40-ASA1-AA1,345,8 (c) The state superintendent shall pay 25 percent of the total amount under par. (b) in September, 25 percent in November, 25 percent in February, and 25 percent in May. The state superintendent may include the entire amount under sub. (4m) in one of those installments or apportion the entire amount among one or more of those installments. The department shall send the check to the private school. The parent or guardian shall restrictively endorse the check for the use of the private school.

SB40-ASA1-AA1,345,14 (4m) In addition to the payment under sub. (4) the state superintendent shall pay to the parent or guardian of each pupil enrolled in a private school under this section, in the manner described in sub. (4) (c), an amount determined by multiplying 40 percent of the payment under sub. (4) by the quotient determined by dividing the summer choice average daily membership equivalent of the private school by the total number of pupils for whom payments are being made under sub. (4).

SB40-ASA1-AA1,345,17 (5) The state superintendent shall ensure that pupils and parents and guardians of pupils who reside in Racine County are informed annually of the private schools participating in the program under this section.

SB40-ASA1-AA1,345,21 (6) The resident school board shall provide transportation to pupils of the resident school district attending a private school under this section if required under s. 121.54 and may claim transportation aid under s. 121.58 for pupils so transported.

SB40-ASA1-AA1,345,23 (7) (a) Each private school participating in the program under this section shall meet at least one of the following standards:

SB40-ASA1-AA1,345,25 1. At least 70 percent of the pupils in the program advance one grade level each year.

SB40-ASA1-AA1,346,2 2. The private school's average attendance rate for the pupils in the program is at least 90 percent.

SB40-ASA1-AA1,346,4 3. At least 80 percent of the pupils in the program demonstrate significant academic progress.

SB40-ASA1-AA1,346,6 4. At least 70 percent of the families of pupils in the program meet parent involvement criteria established by the private school.

SB40-ASA1-AA1,346,11 (am) Each private school participating in the program under this section is subject to uniform financial accounting standards established by the department. Annually by September 1 following a school year in which a private school participated in the program under this section, the private school shall submit to the department all of the following:

SB40-ASA1-AA1,346,16 1. An independent financial audit of the private school conducted by a certified public accountant, accompanied by the auditor's statement that the audit report is free of material misstatements and fairly presents pupil costs under sub. (4) (b) 1. The audit under this subdivision shall be limited in scope to those records that are necessary for the department to make payments under subs. (4) and (4m).

SB40-ASA1-AA1,346,17 2. Evidence of sound fiscal practices, as prescribed by the department by rule.

SB40-ASA1-AA1,346,21 (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.

SB40-ASA1-AA1,346,25 (d) By August 1 before the first school term of participation in the program, or by May 1 if the private school begins participating in the program during summer school, each private school participating in the program under this section shall submit to the department all of the following:

SB40-ASA1-AA1,347,7 1. A copy of the school's current certificate of occupancy issued by the city, town, or village in which the school is located. If the private school moves to a new location, the private school shall submit a copy of the new certificate of occupancy issued by the city, town, or village in which the school is located to the department before the attendance of pupils at the new location and before the next succeeding date specified in s. 121.05 (1) (a). A temporary certificate of occupancy does not meet the requirement of this subdivision.

SB40-ASA1-AA1,347,8 2. Evidence of financial viability, as prescribed by the department by rule.

SB40-ASA1-AA1,347,10 3. Proof that the private school's administrator has participated in a fiscal management training program approved by the department.

SB40-ASA1-AA1,347,15 (e) Annually, each private school participating in the program under this section shall administer a nationally normed standardized test in reading, mathematics, and science to pupils attending the school under the program in the 4th, 8th, and 10th grades. The private school may administer additional standardized tests to such pupils.

SB40-ASA1-AA1,347,20 (8) There is created a pupil assignment council composed of one representative from each private school participating in the program under this section. Annually by June 30, the council shall make recommendations to the participating private schools to achieve, to the extent possible, a balanced representation of pupils participating in the program under this section.

SB40-ASA1-AA1,347,23 (9) If any accrediting agency specified under sub. (2) (e) determines during the accrediting process that a private school does not meet all of the requirements under s. 118.165 (1), it shall report that failure to the department.

SB40-ASA1-AA1,348,2 (10) (a) The state superintendent may issue an order barring a private school from participating in the program under this section in the current school year if the state superintendent determines that the private school has done any of the following:

SB40-ASA1-AA1,348,3 1. Misrepresented information required under sub. (7) (d).

SB40-ASA1-AA1,348,5 2. Failed to provide the notice required under sub. (2) (a), or the information required under sub. (7) (am) or (d), by the date or within the period specified.

SB40-ASA1-AA1,348,7 3. Failed to refund to the state any overpayment made under sub. (4) (b) or (4m) by the date specified by department rule.

SB40-ASA1-AA1,348,9 4. Failed to meet at least one of the standards under sub. (7) (a) by the date specified by department rule.

SB40-ASA1-AA1,348,12 (am) If the state superintendent determines that any of the following have occurred, he or she may issue an order barring the private school from participating in the program under this section in the following school year:

SB40-ASA1-AA1,348,14 1. The private school's application for accreditation has been denied by the accrediting organization.

SB40-ASA1-AA1,348,16 2. The private school has not achieved accreditation within the period allowed under sub. (2) (e).

SB40-ASA1-AA1,348,20 (b) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that conditions at the private school present an imminent threat to the health or safety of pupils.

SB40-ASA1-AA1,348,23 (c) Whenever the state superintendent issues an order under par. (a), (am), or (b), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.

SB40-ASA1-AA1,349,3 (d) The state superintendent may withhold payment from a parent or guardian under subs. (4) and (4m) if the private school attended by the child of the parent or guardian violates this section.

SB40-ASA1-AA1,349,5 (11) The department shall promulgate rules to implement and administer this section.".

SB40-ASA1-AA1,349,6 1718. Page 1240, line 20: after that line insert:

SB40-ASA1-AA1,349,7 " Section 2732L. 118.55 (7t) (a) of the statutes is amended to read:

SB40-ASA1-AA1,349,10 118.55 (7t) (a) A school board may establish a written policy limiting the number of credits for which the school board will pay under subs. (5) and (7r) (d) to the equivalent of 18 9 postsecondary semester credits per pupil.".

SB40-ASA1-AA1,349,11 1719. Page 1240, line 24: delete "115.445,".

SB40-ASA1-AA1,349,12 1720. Page 1241, line 5: after that line insert:

SB40-ASA1-AA1,349,13 " Section 2733m. 119.16 (11) of the statutes is created to read:

SB40-ASA1-AA1,349,16 119.16 (11) Residency requirements. (a) In this subsection, "teacher" means any person holding a license or permit issued by the state superintendent whose employment by a school district requires that he or she hold that license or permit.

SB40-ASA1-AA1,349,18 (b) The board may not require, as a condition of employment, that a teacher reside within the district.".

SB40-ASA1-AA1,349,19 1721. Page 1241, line 5: after that line insert:

SB40-ASA1-AA1,349,20 " Section 2733m. 119.23 (2) (a) (intro.) of the statutes is amended to read:

SB40-ASA1-AA1,350,2 119.23 (2) (a) (intro.) Subject to par. (b), any pupil in grades kindergarten to 12 who resides within the city may attend, at no charge, any grade from kindergarten to 12 at a private school located in the city, and any pupil in grades 9 to 12 who resides within the city may attend, at no charge, any grade from 9 to 12 at a private school located outside the city but within Milwaukee County, if all of the following apply:".

SB40-ASA1-AA1,350,3 1722. Page 1241, line 6: delete lines 6 to 18.

SB40-ASA1-AA1,350,4 1723. Page 1241, line 18: after that line insert:

SB40-ASA1-AA1,350,5 " Section 2734m. 119.23 (7) (d) 1. of the statutes is amended to read:

SB40-ASA1-AA1,350,13 119.23 (7) (d) 1. A copy of the school's current certificate of occupancy issued by the city, village, or town in which the private school is located. If the private school moves to a new location, the private school shall submit to the department a copy of the new certificate of occupancy issued by the city to the department, village, or town in which the private school is located before the attendance of pupils at the new location and before the next succeeding date specified in s. 121.05 (1) (a). A temporary certificate of occupancy does not meet the requirement of this subdivision.".

SB40-ASA1-AA1,350,14 1724. Page 1241, line 18: after that line insert:

SB40-ASA1-AA1,350,15 " Section 2734q. 119.23 (7) (e) 1. of the statutes is amended to read:

SB40-ASA1-AA1,350,23 119.23 (7) (e) 1. Annually, each private school participating in the program under this section shall administer a nationally normed standardized test in reading, mathematics, and science or an examination adopted or approved by the state superintendent under s. 118.30 (1) to pupils attending the school under the program in the 4th, 8th, and 10th grades. The private school may administer additional standardized tests to such pupils. Beginning in 2006 and annually thereafter until 2011, the private school shall provide the scores of all standardized tests that it administers to the School Choice Demonstration Project.".

SB40-ASA1-AA1,350,24 1725. Page 1241, line 18: after that line insert:

SB40-ASA1-AA1,351,2 " Section 2734d. 119.23 (2) (b) of the statutes is renumbered 119.23 (2) (b) 1. and amended to read:

SB40-ASA1-AA1,351,8 119.23 (2) (b) 1. No In the 2007-08 school year, no more than 22,500 pupils, as counted under s. 121.004 (7), may attend private schools under this section. In the 2008-09 school year and in each school year thereafter, the total number of pupils, as counted under s. 121.004 (7), who may attend private schools under this section is equal to the number of pupils permitted to attend private schools under this section in the previous school year plus 2,250.

SB40-ASA1-AA1,351,12 2. Whenever the state superintendent determines that the limit under subd. 1. is reached, he or she shall issue an order prohibiting the participating private schools from accepting additional pupils until he or she determines that the number of pupils attending private schools under this section has fallen below the limit.".

SB40-ASA1-AA1,351,13 1726. Page 1241, line 18: after that line insert:

SB40-ASA1-AA1,351,14 " Section 2735p. 120.12 (15) of the statutes is amended to read:

SB40-ASA1-AA1,351,21 120.12 (15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. The equivalent of 180 such days, as defined in s. 115.01 (10), shall be held during the school term. This subsection shall not be construed to eliminate a school district's duty to bargain with the employee's collective bargaining representative over any calendaring proposal which is primarily related to wages, hours and conditions of employment.".

SB40-ASA1-AA1,351,22 1727. Page 1241, line 19: delete lines 19 to 25.

SB40-ASA1-AA1,351,23 1728. Page 1242, line 1: delete lines 1 to 14.

SB40-ASA1-AA1,351,24 1729. Page 1242, line 14: after that line insert:

SB40-ASA1-AA1,352,1 " Section 2737p. 120.13 (2) (g) of the statutes is amended to read:

SB40-ASA1-AA1,352,5 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (14) (15), 632.896, and 767.25 (4m) (d).".

SB40-ASA1-AA1,352,6 1730. Page 1242, line 14: after that line insert:

SB40-ASA1-AA1,352,7 " Section 2738d. 120.18 (1) (d) of the statutes is amended to read:

SB40-ASA1-AA1,352,10 120.18 (1) (d) The number of school days taught, including holidays, and the number of hours of direct pupil instruction provided in each school , by teachers legally qualified to teach.

SB40-ASA1-AA1, s. 2738j Section 2738j. 121.004 (5m) of the statutes is created to read:

SB40-ASA1-AA1,352,14 121.004 (5m) Minimum required hours of instruction. "Minimum required hours of instruction" means the number of hours of direct pupil instruction required for the grade in which a pupil is enrolled as specified in s. 121.02 (1) (f).

SB40-ASA1-AA1, s. 2738L Section 2738L. 121.004 (7) (c) 1. b. of the statutes is amended to read:

SB40-ASA1-AA1,352,22 121.004 (7) (c) 1. b. A pupil enrolled in a 5-year-old kindergarten program requiring full-day attendance for less than 5 days a week for an entire school year term shall be counted as the result obtained by multiplying the number of hours in each day in which the pupil is enrolled by the total number of days for which the pupil is enrolled, and dividing the result by the product of the total number of hours of attendance per day required of first grade pupils in the school district multiplied by 180.

SB40-ASA1-AA1, s. 2738n Section 2738n. 121.004 (7) (cm) of the statutes is amended to read:

SB40-ASA1-AA1,353,4 121.004 (7) (cm) A pupil enrolled in a 4-year-old kindergarten program that provides the minimum required number of hours of direct pupil instruction under s. 121.02 (1) (f) 2. shall be counted as 0.6 pupil if the program annually provides at least 87.5 additional hours of outreach activities.

SB40-ASA1-AA1, s. 2738p Section 2738p. 121.006 (2) (a) of the statutes is renumbered 121.006 (2) (a) (intro.) and amended to read:

SB40-ASA1-AA1,353,8 121.006 (2) (a) (intro.) Hold school for at least 180 days each year the minimum required hours of instruction, less any days of the following:

SB40-ASA1-AA1,353,11 1. Hours during which the state superintendent determines that school is not held or educational standards are not maintained as the result of a strike by school district employees, the days to be computed in accordance with s. 115.01 (10).

SB40-ASA1-AA1, s. 2738r Section 2738r. 121.006 (2) (a) 2. of the statutes is created to read:

SB40-ASA1-AA1,353,14 121.006 (2) (a) 2. Hours during which school is closed by order of a local health officer, as defined in s. 250.01 (5).".