SB40-ASA1-AA1,343,109 (d) The pupil or the pupil's parent or guardian shall submit proof of the pupil's
10enrollment in the private school to the state superintendent prior to the school term.
SB40-ASA1-AA1,343,14 11(4) (a) Annually, on or before October 15, a private school participating in the
12program under this section shall file with the department a report stating its
13summer average daily membership equivalent and its summer choice average daily
14membership equivalent for the purpose of sub. (4m).
SB40-ASA1-AA1,343,1715 (b) Upon receipt of proof of enrollment under sub. (3) (d), the state
16superintendent shall pay to the parent or guardian, from the appropriation under s.
1720.255 (2) (fr), an amount equal to the lesser of the following:
SB40-ASA1-AA1,343,1918 1. The amount equal to the private school's operating and debt service cost per
19pupil that is related to educational programming, as determined by the department.
SB40-ASA1-AA1,343,2520 2. a. If the pupil is a member of a family that has a total family income that is
21no more than 1.75 times the poverty line, $6,500 in the 2009-10 school year, and, in
22each subsequent school year, the amount paid per pupil under this subd. 2. a. in the
23previous school year multiplied by the sum of 1.0 plus the percentage change from
24the previous school year to the current school year in the total amount appropriated
25under s. 20.255 (2) (ac) expressed as a decimal, but not less than zero.
SB40-ASA1-AA1,344,7
1b. If the pupil is a member of a family that has a total family income that is more
2than 1.75 times the poverty line but no more than 2.25 times the poverty line, $5,000
3in the 2009-10 school year, and, in each subsequent school year, the amount paid per
4pupil under this subd. 2. b. in the previous school year multiplied by the sum of 1.0
5plus the percentage change from the previous school year to the current school year
6in the total amount appropriated under s. 20.255 (2) (ac) expressed as a decimal, but
7not less than zero.
SB40-ASA1-AA1,344,148 c. If the pupil is a member of a family that has a total family income that is more
9than 2.25 times the poverty line but no more than 2.50 times the poverty line, $3,500
10in the 2009-10 school year, and, in each subsequent school year, the amount paid per
11pupil under this subd. 2. c. in the previous school year multiplied by the sum of 1.0
12plus the percentage change from the previous school year to the current school year
13in the total amount appropriated under s. 20.255 (2) (ac) expressed as a decimal, but
14not less than zero.
SB40-ASA1-AA1,344,2115 d. If the pupil is a member of a family that has a total family income that is more
16than 2.50 times the poverty line but no more than 2.75 times the poverty line, $2,000
17in the 2009-10 school year, and, in each subsequent school year, the amount paid per
18pupil under this subd. 2. d. in the previous school year multiplied by the sum of 1.0
19plus the percentage change from the previous school year to the current school year
20in the total amount appropriated under s. 20.255 (2) (ac) expressed as a decimal, but
21not less than zero.
SB40-ASA1-AA1,345,222 e. If the pupil is a member of a family that has a total family income that is more
23than 2.75 times the poverty line, $1,000 in the 2009-10 school year, and, in each
24subsequent school year, the amount paid per pupil under this subd. 2. e. in the
25previous school year multiplied by the sum of 1.0 plus the percentage change from

1the previous school year to the current school year in the total amount appropriated
2under s. 20.255 (2) (ac) expressed as a decimal, but not less than zero.
SB40-ASA1-AA1,345,83 (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.
SB40-ASA1-AA1,345,14 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).
SB40-ASA1-AA1,345,17 15(5) The state superintendent shall ensure that pupils and parents and
16guardians of pupils who reside in Racine County are informed annually of the private
17schools participating in the program under this section.
SB40-ASA1-AA1,345,21 18(6) The resident school board shall provide transportation to pupils of the
19resident school district attending a private school under this section if required
20under s. 121.54 and may claim transportation aid under s. 121.58 for pupils so
21transported.
SB40-ASA1-AA1,345,23 22(7) (a) Each private school participating in the program under this section shall
23meet at least one of the following standards:
SB40-ASA1-AA1,345,2524 1. At least 70 percent of the pupils in the program advance one grade level each
25year.
SB40-ASA1-AA1,346,2
12. The private school's average attendance rate for the pupils in the program
2is at least 90 percent.
SB40-ASA1-AA1,346,43 3. At least 80 percent of the pupils in the program demonstrate significant
4academic progress.
SB40-ASA1-AA1,346,65 4. At least 70 percent of the families of pupils in the program meet parent
6involvement criteria established by the private school.
SB40-ASA1-AA1,346,117 (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:
SB40-ASA1-AA1,346,1612 1. An independent financial audit of the private school conducted by a certified
13public accountant, accompanied by the auditor's statement that the audit report is
14free of material misstatements and fairly presents pupil costs under sub. (4) (b) 1.
15The audit under this subdivision shall be limited in scope to those records that are
16necessary for the department to make payments under subs. (4) and (4m).
SB40-ASA1-AA1,346,1717 2. Evidence of sound fiscal practices, as prescribed by the department by rule.
SB40-ASA1-AA1,346,2118 (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.
SB40-ASA1-AA1,346,2522 (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:
SB40-ASA1-AA1,347,7
11. A copy of the school's current certificate of occupancy issued by the city, town,
2or village in which the school is located. If the private school moves to a new location,
3the private school shall submit a copy of the new certificate of occupancy issued by
4the city, town, or village in which the school is located to the department before the
5attendance of pupils at the new location and before the next succeeding date specified
6in s. 121.05 (1) (a). A temporary certificate of occupancy does not meet the
7requirement of this subdivision.
SB40-ASA1-AA1,347,88 2. Evidence of financial viability, as prescribed by the department by rule.
SB40-ASA1-AA1,347,109 3. Proof that the private school's administrator has participated in a fiscal
10management training program approved by the department.
SB40-ASA1-AA1,347,1511 (e) Annually, each private school participating in the program under this
12section shall administer a nationally normed standardized test in reading,
13mathematics, and science to pupils attending the school under the program in the
144th, 8th, and 10th grades. The private school may administer additional
15standardized tests to such pupils.
SB40-ASA1-AA1,347,20 16(8) There is created a pupil assignment council composed of one representative
17from each private school participating in the program under this section. Annually
18by June 30, the council shall make recommendations to the participating private
19schools to achieve, to the extent possible, a balanced representation of pupils
20participating in the program under this section.
SB40-ASA1-AA1,347,23 21(9) If any accrediting agency specified under sub. (2) (e) determines during the
22accrediting process that a private school does not meet all of the requirements under
23s. 118.165 (1), it shall report that failure to the department.
SB40-ASA1-AA1,348,2 24(10) (a) The state superintendent may issue an order barring a private school
25from participating in the program under this section in the current school year if the

1state superintendent determines that the private school has done any of the
2following:
SB40-ASA1-AA1,348,33 1. Misrepresented information required under sub. (7) (d).
SB40-ASA1-AA1,348,54 2. Failed to provide the notice required under sub. (2) (a), or the information
5required under sub. (7) (am) or (d), by the date or within the period specified.
SB40-ASA1-AA1,348,76 3. Failed to refund to the state any overpayment made under sub. (4) (b) or (4m)
7by the date specified by department rule.
SB40-ASA1-AA1,348,98 4. Failed to meet at least one of the standards under sub. (7) (a) by the date
9specified by department rule.
SB40-ASA1-AA1,348,1210 (am) If the state superintendent determines that any of the following have
11occurred, he or she may issue an order barring the private school from participating
12in the program under this section in the following school year:
SB40-ASA1-AA1,348,1413 1. The private school's application for accreditation has been denied by the
14accrediting organization.
SB40-ASA1-AA1,348,1615 2. The private school has not achieved accreditation within the period allowed
16under sub. (2) (e).
SB40-ASA1-AA1,348,2017 (b) The state superintendent may issue an order immediately terminating a
18private school's participation in the program under this section if he or she
19determines that conditions at the private school present an imminent threat to the
20health or safety of pupils.
SB40-ASA1-AA1,348,2321 (c) Whenever the state superintendent issues an order under par. (a), (am), or
22(b), he or she shall immediately notify the parent or guardian of each pupil attending
23the private school under this section.
SB40-ASA1-AA1,349,3
1(d) The state superintendent may withhold payment from a parent or guardian
2under subs. (4) and (4m) if the private school attended by the child of the parent or
3guardian violates this section.
SB40-ASA1-AA1,349,5 4(11) The department shall promulgate rules to implement and administer this
5section.".
SB40-ASA1-AA1,349,6 61718. Page 1240, line 20: after that line insert:
SB40-ASA1-AA1,349,7 7" Section 2732L. 118.55 (7t) (a) of the statutes is amended to read:
SB40-ASA1-AA1,349,108 118.55 (7t) (a) A school board may establish a written policy limiting the
9number of credits for which the school board will pay under subs. (5) and (7r) (d) to
10the equivalent of 18 9 postsecondary semester credits per pupil.".
SB40-ASA1-AA1,349,11 111719. Page 1240, line 24: delete "115.445,".
SB40-ASA1-AA1,349,12 121720. Page 1241, line 5: after that line insert:
SB40-ASA1-AA1,349,13 13" Section 2733m. 119.16 (11) of the statutes is created to read:
SB40-ASA1-AA1,349,1614 119.16 (11) Residency requirements. (a) In this subsection, "teacher" means
15any person holding a license or permit issued by the state superintendent whose
16employment by a school district requires that he or she hold that license or permit.
SB40-ASA1-AA1,349,1817 (b) The board may not require, as a condition of employment, that a teacher
18reside within the district.".
SB40-ASA1-AA1,349,19 191721. Page 1241, line 5: after that line insert:
SB40-ASA1-AA1,349,20 20" Section 2733m. 119.23 (2) (a) (intro.) of the statutes is amended to read:
SB40-ASA1-AA1,350,221 119.23 (2) (a) (intro.) Subject to par. (b), any pupil in grades kindergarten to 12
22who resides within the city may attend, at no charge, any grade from kindergarten
23to 12 at a
private school located in the city, and any pupil in grades 9 to 12 who resides

1within the city may attend, at no charge, any grade from 9 to 12 at a private school
2located outside the city but within Milwaukee County,
if all of the following apply:".
SB40-ASA1-AA1,350,3 31722. Page 1241, line 6: delete lines 6 to 18.
SB40-ASA1-AA1,350,4 41723. Page 1241, line 18: after that line insert:
SB40-ASA1-AA1,350,5 5" Section 2734m. 119.23 (7) (d) 1. of the statutes is amended to read:
SB40-ASA1-AA1,350,136 119.23 (7) (d) 1. A copy of the school's current certificate of occupancy issued
7by the city, village, or town in which the private school is located. If the private school
8moves to a new location, the private school shall submit to the department a copy of
9the new certificate of occupancy issued by the city to the department, village, or town
10in which the private school is located
before the attendance of pupils at the new
11location and before the next succeeding date specified in s. 121.05 (1) (a). A
12temporary certificate of occupancy does not meet the requirement of this
13subdivision.".
SB40-ASA1-AA1,350,14 141724. Page 1241, line 18: after that line insert:
SB40-ASA1-AA1,350,15 15" Section 2734q. 119.23 (7) (e) 1. of the statutes is amended to read:
SB40-ASA1-AA1,350,2316 119.23 (7) (e) 1. Annually, each private school participating in the program
17under this section shall administer a nationally normed standardized test in
18reading, mathematics, and science or an examination adopted or approved by the
19state superintendent under s. 118.30 (1)
to pupils attending the school under the
20program in the 4th, 8th, and 10th grades. The private school may administer
21additional standardized tests to such pupils. Beginning in 2006 and annually
22thereafter until 2011, the private school shall provide the scores of all standardized
23tests that it administers to the School Choice Demonstration Project.".
SB40-ASA1-AA1,350,24 241725. Page 1241, line 18: after that line insert:
SB40-ASA1-AA1,351,2
1" Section 2734d. 119.23 (2) (b) of the statutes is renumbered 119.23 (2) (b) 1.
2and amended to read:
SB40-ASA1-AA1,351,83 119.23 (2) (b) 1. No In the 2007-08 school year, no more than 22,500 pupils, as
4counted under s. 121.004 (7), may attend private schools under this section. In the
52008-09 school year and in each school year thereafter, the total number of pupils,
6as counted under s. 121.004 (7), who may attend private schools under this section
7is equal to the number of pupils permitted to attend private schools under this
8section in the previous school year plus 2,250.
SB40-ASA1-AA1,351,12 92. Whenever the state superintendent determines that the limit under subd.
101.
is reached, he or she shall issue an order prohibiting the participating private
11schools from accepting additional pupils until he or she determines that the number
12of pupils attending private schools under this section has fallen below the limit.".
SB40-ASA1-AA1,351,13 131726. Page 1241, line 18: after that line insert:
SB40-ASA1-AA1,351,14 14" Section 2735p. 120.12 (15) of the statutes is amended to read:
SB40-ASA1-AA1,351,2115 120.12 (15) School hours. Establish rules scheduling the hours of a normal
16school day. The school board may differentiate between the various elementary and
17high school grades in scheduling the school day. The equivalent of 180 such days, as
18defined in s. 115.01 (10), shall be held during the school term.
This subsection shall
19not be construed to eliminate a school district's duty to bargain with the employee's
20collective bargaining representative over any calendaring proposal which is
21primarily related to wages, hours and conditions of employment.".
SB40-ASA1-AA1,351,22 221727. Page 1241, line 19: delete lines 19 to 25.
SB40-ASA1-AA1,351,23 231728. Page 1242, line 1: delete lines 1 to 14.
SB40-ASA1-AA1,351,24 241729. Page 1242, line 14: after that line insert:
SB40-ASA1-AA1,352,1
1" Section 2737p. 120.13 (2) (g) of the statutes is amended to read:
SB40-ASA1-AA1,352,52 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss.
349.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3),
4632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (14) (15), 632.896, and
5767.25 (4m) (d).".
SB40-ASA1-AA1,352,6 61730. Page 1242, line 14: after that line insert:
SB40-ASA1-AA1,352,7 7" Section 2738d. 120.18 (1) (d) of the statutes is amended to read:
SB40-ASA1-AA1,352,108 120.18 (1) (d) The number of school days taught, including holidays, and the
9number of
hours of direct pupil instruction provided in each school , by teachers
10legally qualified to teach.
SB40-ASA1-AA1, s. 2738j 11Section 2738j. 121.004 (5m) of the statutes is created to read:
SB40-ASA1-AA1,352,1412 121.004 (5m) Minimum required hours of instruction. "Minimum required
13hours of instruction" means the number of hours of direct pupil instruction required
14for the grade in which a pupil is enrolled as specified in s. 121.02 (1) (f).
SB40-ASA1-AA1, s. 2738L 15Section 2738L. 121.004 (7) (c) 1. b. of the statutes is amended to read:
SB40-ASA1-AA1,352,2216 121.004 (7) (c) 1. b. A pupil enrolled in a 5-year-old kindergarten program
17requiring full-day attendance for less than 5 days a week for an entire school year
18term shall be counted as the result obtained by multiplying the number of hours in
19each day in which the pupil is enrolled by the total number of days for which the pupil
20is enrolled, and dividing the result by the product of the total number of hours of
21attendance per day required of first grade pupils in the school district multiplied by
22180
.
SB40-ASA1-AA1, s. 2738n 23Section 2738n. 121.004 (7) (cm) of the statutes is amended to read:
SB40-ASA1-AA1,353,4
1121.004 (7) (cm) A pupil enrolled in a 4-year-old kindergarten program that
2provides the minimum required number of hours of direct pupil instruction under s.
3121.02 (1) (f) 2.
shall be counted as 0.6 pupil if the program annually provides at least
487.5 additional hours of outreach activities.
SB40-ASA1-AA1, s. 2738p 5Section 2738p. 121.006 (2) (a) of the statutes is renumbered 121.006 (2) (a)
6(intro.) and amended to read:
SB40-ASA1-AA1,353,87 121.006 (2) (a) (intro.) Hold school for at least 180 days each year the minimum
8required hours of instruction
, less any days of the following:
SB40-ASA1-AA1,353,11 91. Hours during which the state superintendent determines that school is not
10held or educational standards are not maintained as the result of a strike by school
11district employees, the days to be computed in accordance with s. 115.01 (10).
SB40-ASA1-AA1, s. 2738r 12Section 2738r. 121.006 (2) (a) 2. of the statutes is created to read:
SB40-ASA1-AA1,353,1413 121.006 (2) (a) 2. Hours during which school is closed by order of a local health
14officer, as defined in s. 250.01 (5).".
SB40-ASA1-AA1,353,15 151731. Page 1242, line 14: after that line insert:
SB40-ASA1-AA1,353,17 16" Section 2739c. 121.004 (7) (f) of the statutes is renumbered 121.004 (7) (f) 1.
17and amended to read:
SB40-ASA1-AA1,353,2218 121.004 (7) (f) 1. A In the 2007-08 and 2008-09 school years, a pupil who
19transfers from one school district to another under s. 121.85 (3) (a) shall be counted
20by the school district in which the pupil resides as 0.75 pupil or, if appropriate, as a
21number equal to the result obtained by multiplying 0.75 by the appropriate fraction
22under par. (c), (cm) or (d).
SB40-ASA1-AA1, s. 2739e 23Section 2739e. 121.004 (7) (f) 2. of the statutes is created to read:
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