AB930: Bill Text

AB930,9,18 (am) Administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 8th grade in the private school under s. 119.23.

AB930,9,21 (b) Administer the 10th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 10th grade in the private school under s. 119.23.

AB930,9,24 (c) Administer to pupils attending the private school under s. 119.23 all other examinations in reading, mathematics, and science that are required to be administered to public school pupils under 20 USC 6311 (b) (3).

AB930, s. 9 Section 9. 118.30 (2) (b) 1. and 2. of the statutes are amended to read:

AB930,10,4 118.30 (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).

AB930,10,11 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.

AB930, s. 10 Section 10. 118.30 (2) (b) 5. of the statutes is created to read:

AB930,10,15 118.30 (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).

AB930, s. 11 Section 11. 119.16 (11) of the statutes is created to read:

AB930,10,22 119.16 (11) Milwaukee parental choice program; report. Annually the board shall report to the legislature, in the manner provided under s. 13.172 (2), all of the costs it incurred in the previous school year in connection with the Milwaukee parental choice program under s. 119.23, including transportation costs and the costs of providing special education and related services to pupils attending private schools under s. 119.23.

AB930, s. 12 Section 12. 119.23 (2) (a) 7. of the statutes is amended to read:

AB930,11,7 119.23 (2) (a) 7. 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, the Archdiocese of Milwaukee, the Institute for the Transformation of Learning at Marquette University, 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 that begins after June 30, 2006, in which it participates in the program under this section, or the private school was approved for scholarship funding for the 2005-06 school year by Partners Advancing Values in Education.

AB930, s. 13 Section 13. 119.23 (6m) of the statutes is created to read:

AB930,11,11 119.23 (6m) (a) Each private school participating in the program under this section shall provide, annually to the department and upon request to any person, all of the following:

AB930,11,14 1. The results of all examinations administered to pupils under s. 118.30 (1s) and sub. (7) (b) 1. in the previous school year, categorized by subject area, grade, sex, race, disability, and economic status, except as provided in par. (b).

AB930,11,17 2. Rates of graduation, truancy, attendance, suspension, and expulsion in the previous school year, categorized as specified in subd. 1., except as provided in par. (b).

AB930,11,19 3. The private school's requirements for promotion from grade to grade and for graduation.

AB930,11,21 4. The number of pupils enrolled in the previous school year who were children with a disability, as defined s. 115.76 (5), except as provided in par. (b).

AB930,11,22 5. The private school's safety plan.

AB930,11,24 6. The services provided by the private school to pupils who are children with disabilities, as defined in s. 115.76 (5).

AB930,12,4 7. The private school's attrition rate for teachers in the previous school year, as compared to the statewide attrition rate in the previous school year and the attrition rate of the school district operating under this chapter in the previous school year.

AB930,12,7 8. The private school's budget, specifying all existing indebtedness and all anticipated revenue from all sources during the ensuing fiscal year and all proposed expenditures during the ensuing fiscal year.

AB930,12,8 9. The private school's academic standards adopted under s. 118.30 (1g) (a) 3.

AB930,12,13 (b) A private school participating in the program under this section is not required to categorize the information under par. (a) 1. and 2., or disclose the information under par. (a) 4., if the number of pupils in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil.

AB930, s. 14 Section 14. 119.23 (7) (am) 1. of the statutes is amended to read:

AB930,12,21 119.23 (7) (am) 1. An independent financial audit of the private school conducted by a certified public accountant, accompanied by the auditor's statement that the 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), except that the certified public accountant conducting the audit shall include a report on the private school's compliance with par. (b) 5. a. and c.

AB930, s. 15 Section 15. 119.23 (7) (b) of the statutes is created to read:

AB930,12,24 119.23 (7) (b) Each private school participating in the program under this section shall do all of the following:

AB930,13,2 1. Administer to the pupils attending the 3rd grade in the private school under this section a standardized reading test developed by the department.

AB930,13,4 2. Ensure that every teacher, supervisor, administrator, and professional staff member holds a license or permit to teach issued by the department.

AB930,13,11 3. Develop policies on truancy, excused and unexcused absences, bullying, pupil engagement in learning activities, promoting the emotional development of pupils, promoting practices designed to provide instruction to each pupil based on the pupil's abilities, and promoting parental involvement and volunteerism. The latter policy shall describe the circumstances under which a pupil's parent or guardian may volunteer, shadow the pupil in school, and observe the pupil in the pupil's classes.

AB930,13,16 5. a. Maintain records for each pupil attending the private school under this section while the pupil attends the school and for at least 5 years after the pupil ceases to attend the school, except that if the private school ceases operating as a private school, it shall immediately transfer all of the records of the pupils who attended the school under this section to the board.

AB930,13,21 b. Upon request, provide a pupil or the parent or guardian of a minor pupil who is attending the private school under this section with a copy of the pupil's records, except that the private school need not provide a pupil's parent with a copy of the pupil's records if the pupil's parent has been denied periods of physical placement with the pupil under s. 767.41 (4).

AB930,13,24 c. Issue a high school diploma or certificate to each pupil who attends the private school under this section and satisfactorily completes the course of instruction and any other requirements necessary for high school graduation.

AB930, s. 16 Section 16. 119.23 (7) (e) 1. of the statutes is amended to read:

AB930,14,11 119.23 (7) (e) 1. Annually In the 2007-08 school year, each private school participating in the program under this section shall administer a nationally normed standardized test examination in reading, mathematics, and science to pupils attending the school under the program in the 4th, 8th, and 10th grades. Beginning in the 2008-09 school year and annually thereafter, each private school participating in the program under this section shall administer the examinations required under s. 118.30 (1s) to pupils attending the school under the program. The private school may administer additional standardized tests examinations to such pupils. Beginning in 2006 and annually thereafter until 2011, the private school shall provide the scores of all standardized tests examinations that it administers under this subdivision to the School Choice Demonstration Project.

AB930, s. 17 Section 17. 119.23 (7) (f) of the statutes is repealed and recreated to read:

AB930,14,15 119.23 (7) (f) A private school that is not accredited under sub. (2) (a) 7. shall apply for accreditation by December 31 of the school year in which it enters or reenters the program under this section.

AB930, s. 18 Section 18. 119.23 (10) (a) 5. to 7. of the statutes are created to read:

AB930,14,17 119.23 (10) (a) 5. Failed to provide the information under sub. (6m) (a).

AB930,14,18 6. Failed to comply with the requirements under sub. (7) (b).

AB930,14,20 7. Failed to procure and maintain in effect the insurance required under s. 121.53 (4) or 121.555 (2) (a).

AB930, s. 19 Section 19. 119.23 (10) (a) 8. of the statutes is created to read:

AB930,14,23 119.23 (10) (a) 8. Failed to procure and maintain in effect the insurance required by the department by rule.

AB930, s. 20 Section 20. 119.23 (10) (am) 4. of the statutes is created to read:

AB930,14,25 119.23 (10) (am) 4. The private school has violated s. 100.18 (1).

AB930, s. 21 Section 21. 119.23 (10) (d) of the statutes is amended to read:

AB930,15,4 119.23 (10) (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 or s. 118.125 (4).

AB930, s. 22 Section 22. 121.53 (4) of the statutes is amended to read:

AB930,16,5 121.53 (4) Every school board, every governing body of a private school that transports pupils or contracts for the transportation of pupils, and every operator of a charter school that transports pupils or contracts for the transportation of pupils shall require that there be filed with it and with the department of transportation a certificate of insurance showing that an insurance policy has been procured and is in effect for the entire school year which covers the owner and operator of the school bus and the school board, private school, or charter school, or shall procure an insurance policy and file such certificate with the department of transportation. Unless such certificate is on file with the department of transportation, no registration plates for a school bus may be issued by the department of transportation. No such policy may be terminated prior to its expiration or canceled for any reason, unless a notice thereof is filed with the department of transportation and with the school board, private school, or charter school by the insurer at least 10 30 days prior to the date of termination or cancellation. No such policy which covers a private school participating in the program under s. 119.23 may be terminated prior to its expiration or canceled for any reason, unless a notice thereof is also filed with the department of public instruction by the insurer at least 30 days prior to the date of termination or cancellation. An insurer that issues an insurance policy under this section that covers a private school participating in the program under s. 119.23 shall notify the department of public instruction of any change made to the policy. A private school participating in the program under s. 119.23 shall immediately notify the department of public instruction that the school has received a notice of termination or cancellation from the insurer. The department of transportation shall revoke the registration of a school bus on which the policy has been terminated or canceled, effective on the date of termination or cancellation.

AB930, s. 23 Section 23. 121.53 (6) of the statutes is amended to read:

AB930,16,10 121.53 (6) Within 10 days after its occurrence, every accident involving a motor vehicle while providing transportation under this subchapter shall be reported to the appropriate school board, governing body of a private school, or operator of a charter school.

AB930, s. 24 Section 24. 121.555 (1) (intro.) of the statutes is amended to read:

AB930,16,14 121.555 (1) (intro.) A school board or , the governing body of a private school, or the operator of a charter school may provide pupil transportation services by the following alternative methods:

AB930, s. 25 Section 25. 121.555 (1) (b) of the statutes is amended to read:

AB930,16,23 121.555 (1) (b) A motor vehicle transporting 10 or more passengers in addition to the operator and used temporarily to provide transportation for purposes specified under s. 340.01 (56) (a) when the school board or, the governing body of the private school, or the operator of the charter school requests the secretary of transportation to determine that an emergency exists because no regular transportation is available. The secretary of transportation shall approve or deny the request in writing. Any authorization granted under this paragraph shall specify the purpose and need for the emergency transportation service.

AB930, s. 26 Section 26. 121.555 (2) (intro.) of the statutes is amended to read:

AB930,17,3 121.555 (2) (intro.) The school board or, governing body of a private school, or operator of a charter school shall determine that any motor vehicle used under sub. (1) complies with the following conditions:

AB930, s. 27 Section 27. 121.555 (2) (cm) of the statutes is amended to read:

AB930,17,16 121.555 (2) (cm) Waiver of operator requirement. Notwithstanding par. (c) 3., with respect to the operator of a vehicle under sub. (1) (a), a school board or, the governing body of a private school, or the operator of a charter school may waive the requirement that an the operator of the motor vehicle have sufficient use of both hands if the operator of the motor vehicle has sufficient use of one hand to safely operate the vehicle which the school board or, governing body of the private school, or operator of the charter school proposes the operator of the motor vehicle use, as substantiated by a special driving examination conducted by the department of transportation. The department of transportation shall conduct the special examination under this paragraph upon the request of a school board, the governing body of a private school or, the operator of a charter school, or the operator of the motor vehicle.

AB930, s. 28 Section 28. 121.555 (2m) of the statutes is created to read:

AB930,18,13 121.555 (2m) Every school board, every governing body of a private school, and every operator of a charter school that provides pupil transportation services under this section shall require that there be filed with it and with the department of transportation a certificate of insurance showing that the insurance policy required under sub. (2) has been procured and is in effect for the entire school year which covers the owner and operator of the motor vehicle and the school board, private school, or charter school, or shall procure an insurance policy and file such certificate with the department of transportation. No such policy may be terminated prior to its expiration or canceled for any reason, unless a notice thereof is filed with the department of transportation and the school board, private school, or charter school by the insurer at least 30 days prior to the date of termination or cancellation. No such policy which covers a private school participating in the program under s. 119.23 may be terminated prior to its expiration or canceled for any reason, unless a notice thereof is also filed with the department of public instruction by the insurer at least 30 days prior to the date of termination or cancellation. An insurer that issues an insurance policy under this section that covers a private school participating in the program under s. 119.23 shall notify the department of public instruction of any change made to the policy. A private school participating in the program under s. 119.23 shall immediately notify the department of public instruction that the school has received a notice of termination or cancellation from the insurer.

AB930, s. 29 Section 29. 121.555 (6) (a) of the statutes is amended to read:

AB930,18,18 121.555 (6) (a) The department shall prepare and make available to school districts, private schools, charter schools, and contractors providing pupil transportation services informational materials, in printed or electronic form, relating to compliance with this section.

AB930, s. 30 Section 30. 340.01 (56) (a) 1. of the statutes is amended to read:

AB930,18,22 340.01 (56) (a) 1. Pupils to or from a public school as defined in s. 115.01 (1) or, a private school as defined in s. 115.001 (3r), a charter school as defined in s. 115.001 (1), or pupils to or from a technical college when required under s. 118.15 (1).

AB930, s. 31 Section 31. 341.03 (title) of the statutes is amended to read:

AB930,18,25 341.03 (title) Operating vehicle after suspension, revocation, or cancellation of registration or without required insurance .

AB930, s. 32 Section 32. 341.03 (1) of the statutes is amended to read:

AB930,19,7 341.03 (1) Prohibition. No person may operate or knowingly permit the operation of a motor vehicle if the registration for that vehicle is suspended, revoked, or canceled under s. 285.30 (6) (d) or 342.255, ch. 344 or this chapter, or if the registration for that vehicle is suspended, canceled, or revoked under the law of another jurisdiction, or, if required under ss. 121.53 or 121.555, valid insurance is not current on the vehicle.

AB930, s. 33 Section 33. 343.12 (1m) of the statutes is created to read:

AB930,19,12 343.12 (1m) (a) An employer that employs any person as an operator of a school bus is responsible for determining that each such person is qualified under this section to operate a school bus and for assuring that only employees so qualified operate the employer's school buses.

AB930,19,15 (b) If an employer employs any person holding a commercial driver license to operate a school bus, the employer shall participate in the employer notification program under s. 343.245 (3m).

AB930, s. 34 Section 34. 343.12 (4) (b) of the statutes is amended to read:

AB930,19,24 343.12 (4) (b) The department shall, by rule, establish standards for the employment by an employer of a person under par. (a) as an operator of a school bus in this state. The rules may require the person to meet the qualifications contained in sub. (2), (2m), or (3) and any rules of the department applicable to residents, except that the rules shall require the person to meet the qualifications contained in sub. (2) (dm) and (em). The rules shall also require the employer to perform the actions specified in s. 121.555 (3) (a) 1. and 3. An employer of a person under par. (a) is subject to the requirement under sub. (1m).

AB930, s. 35 Section 35. 343.12 (9) of the statutes is renumbered 343.12 (9) (a).

AB930, s. 36 Section 36. 343.12 (9) (b) of the statutes is created to read:

AB930,20,3 343.12 (9) (b) Any employer that violates sub. (1m) shall forfeit not less than $20 nor more than $400.

AB930, s. 37 Section 37. Nonstatutory provisions.

AB930,20,8 (1) The department of public instruction shall ensure that the school assessment guide required under section 115.28 (27) of the statutes, as created by this act, is available by the first day of the 10th month beginning after the effective date of this subsection.

AB930,20,13 (2) (a) Notwithstanding section 119.23 (2) (a) 7. of the statutes, as affected by this act, a private school that participates in the program under section 119.23 of the statutes during the 2008-09 school year and to which all of the following apply shall achieve accreditation under section 119.23 (2) (a) 7. of the statutes, as affected by this act, by December 31, 2010:

AB930,20,15 1. The private school was approved for scholarship funding for the 2005-06 school year by Partners Advancing Values in Education.

AB930,20,18 2. The private school participated in the program under section 119.23 of the statutes during the 2006-07 school year or during the 2007-08 school year or during both school years.

AB930,20,23 (b) Notwithstanding section 119.23 (2) (a) 7. of the statutes, as affected by this act, a private school that participates in the program under section 119.23 of the statutes during the 2009-10 school year and to which all of the following apply shall achieve accreditation under section 119.23 (2) (a) 7. of the statutes, as affected by this act, by December 31, 2011:

AB930,20,25 1. The private school was approved for scholarship funding for the 2005-06 school year by Partners Advancing Values in Education.

AB930,21,3 2. The private school participated in the program under section 119.23 of the statutes during the 2006-07 school year or during the 2007-08 school year or during both school years.

AB930,21,5 3. The private school did not participate in the program under section 119.23 of the statutes during the 2008-09 school year.

AB930, s. 38 Section 38. Initial applicability.

AB930,21,12 (1) The treatment of sections 118.125 (4), 118.30 (1g) (a) 1. and 3., (1s), and (2) (b) 1., 2., and 5., 119.16 (11), and 119.23 (2) (a) 7., (6m), (7) (am) 1., (b) 1., 3., and 5., (e) 1., and (f), and (10) (a) 5. and 6., (am) 4. and (d) of the statutes first applies to private schools participating in the program under section 119.23 of the statutes and to pupils who apply to attend, and to pupils who attend, a private school under section 119.23 of the statutes in the 2008-09 school year.