Amendment SSA1-AB75

AB75-SSA1, s. 2267 Section 2267. 118.30 (1s) of the statutes is created to read:

AB75-SSA1,1237,25 118.30 (1s) (a) Except as provided in par. (b), annually, the governing body of each private school participating in the program under s. 119.23 shall do all of the following:

AB75-SSA1,1238,3 1. Administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 4th grade in the private school under s. 119.23.

AB75-SSA1,1238,6 2. 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.

AB75-SSA1,1238,9 3. 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.

AB75-SSA1,1238,12 4. 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).

AB75-SSA1,1238,22 (b) If, before January 1, 2010, the state superintendent notifies in writing the cochairpersons of the joint committee on finance and the chairpersons of the appropriate standing committees in each house of the legislature that the department will not adopt or approve new examinations under sub. (1) to be administered to pupils under sub. (1m) in the 2011-12 school year, then, beginning in the 2010-11 school year and annually thereafter, the governing body of each private school participating in the program under s. 119.23 shall administer nationally normed standardized tests in reading, mathematics, and science to pupils attending the school under s. 119.23 in the 4th, 8th, and 10th grades instead of administering the examinations under par. (a).

AB75-SSA1, s. 2268 Section 2268. 118.30 (2) (b) 1. and 2. of the statutes are amended to read:

AB75-SSA1,1239,2 118.30 (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).

AB75-SSA1,1239,9 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.

AB75-SSA1, s. 2269 Section 2269. 118.30 (2) (b) 5. of the statutes is created to read:

AB75-SSA1,1239,13 118.30 (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) (a) 1. to 3.

AB75-SSA1, s. 2269f Section 2269f. 118.30 (7) of the statutes is created to read:

AB75-SSA1,1239,18 118.30 (7) If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, that school board shall administer the examinations under sub. (1m) regardless of the location of the charter school.

AB75-SSA1, s. 2270m Section 2270m. 118.33 (1) (f) 1. of the statutes is amended to read:

AB75-SSA1,1239,25 118.33 (1) (f) 1. By September 1, 2004, each school board operating high school grades shall develop a written policy specifying criteria for granting a high school diploma that are in addition to the requirements under par. (a). The criteria shall include the pupil's academic performance, and the recommendations of teachers. Except as provided in subd. subds. 2. and 4., the criteria apply to pupils enrolled in charter schools located in the school district.

AB75-SSA1, s. 2271 Section 2271. 118.33 (1) (f) 2m. of the statutes is created to read:

AB75-SSA1,1240,6 118.33 (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.

AB75-SSA1, s. 2272 Section 2272. 118.33 (1) (f) 3. of the statutes is amended to read:

AB75-SSA1,1240,15 118.33 (1) (f) 3. Beginning on September 1, 2005, neither a school board nor an operator of a charter school under s. 118.40 (2r) may grant a high school diploma to any pupil unless the pupil has satisfied the criteria specified in the school board's or charter school's policy under subd. 1. or 2. Beginning on September 1, 2010, the governing body of a private school participating in the program under s. 119.23 may not grant a high school diploma to any pupil attending the private school under s. 119.23 unless the pupil has satisfied the criteria specified in the governing body's policy under subd. 2m.

AB75-SSA1, s. 2272e Section 2272e. 118.33 (1) (f) 4. of the statutes is created to read:

AB75-SSA1,1240,21 118.33 (1) (f) 4. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, the criteria specified in the policy developed by that school board under subd. 1. apply to pupils enrolled in the charter school, regardless of the location of the charter school.

AB75-SSA1, s. 2272m Section 2272m. 118.33 (6) (a) of the statutes is amended to read:

AB75-SSA1,1241,6 118.33 (6) (a) 1. Each school board shall adopt a written policy specifying the criteria for promoting a pupil from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1m) (a) or (am), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the school board. Except as provided in par. (b) 1. and 3., the criteria apply to pupils enrolled in charter schools located in the school district.

AB75-SSA1,1241,13 2. Except as provided in par. (b) 2., beginning on September 1, 2002 and 3., a school board may not promote a 4th grade pupil enrolled in the school district, including a pupil enrolled in a charter school located in the school district, to the 5th grade, and may not promote an 8th grade pupil enrolled in the school district, including a pupil enrolled in a charter school located in the school district, to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the school board's policy adopted under subd. 1.

AB75-SSA1, s. 2272s Section 2272s. 118.33 (6) (b) 3. of the statutes is created to read:

AB75-SSA1,1241,20 118.33 (6) (b) 3. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, the criteria specified in the policy adopted by that school board under par. (a) 1. apply to pupils enrolled in the charter school and that school board is subject to the prohibitions in par. (a) 2. with respect to pupils enrolled in the charter school, regardless of the location of the charter school.

AB75-SSA1, s. 2273 Section 2273. 118.33 (6) (c) of the statutes is created to read:

AB75-SSA1,1242,5 118.33 (6) (c) 1. The governing body of each private school participating in the program under s. 119.23 shall adopt a written policy specifying criteria for promoting a pupil who is attending the private school under s. 119.23 from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1s) (a) 1. or 2., unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the governing body of the private school.

AB75-SSA1,1242,11 2. Beginning on September 1, 2010, the governing body of a private school participating in the program under s. 119.23 may not promote a 4th grade pupil who is attending the private school under s. 119.23 to the 5th grade, and may not promote an 8th grade pupil who is attending the private school under s. 119.23 to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the governing body's policy under subd. 1.

AB75-SSA1, s. 2273b Section 2273b. 118.40 (2r) (e) 1. of the statutes is amended to read:

AB75-SSA1,1242,22 118.40 (2r) (e) 1. From the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this subdivision in the previous school year and the increase in the per pupil amount paid to private schools under s. 119.23 (4) (b) 2. or (bg) in the current school year as compared to the previous school year, multiplied by the number of pupils attending the charter school. The amount paid per pupil may not be less than the amount paid per pupil under this subdivision in the previous school year. The department shall pay 25% of the total amount in September, 25% in December, 25% in February, and 25% in June. The department shall send the check to the operator of the charter school.

AB75-SSA1, s. 2273d Section 2273d. 118.40 (3) (c) 1. of the statutes is renumbered 118.40 (3) (c) 1. (intro.) and amended to read:

AB75-SSA1,1243,3 118.40 (3) (c) 1. (intro.) A school board may not enter into a contract for the establishment of a charter school located outside the school district, except that if as follows:

AB75-SSA1,1243,6 a. If 2 or more school boards enter into an agreement under s. 66.0301 to establish a charter school, the charter school shall be located within one of the school districts, and if.

AB75-SSA1,1243,10 b. If one or more school boards enter into an agreement with the board of control of a cooperative educational service agency to establish a charter school, the charter school shall be located within the boundaries of the cooperative educational service agency. This subdivision

AB75-SSA1,1243,12 1m. Subdivision 1. does not apply to the establishment of a virtual charter school.

AB75-SSA1, s. 2273h Section 2273h. 118.40 (3) (c) 1. c. of the statutes is created to read:

AB75-SSA1,1243,17 118.40 (3) (c) 1. c. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school, the charter school shall be located within the school district or within the boundaries of the tribe's or band's reservation.

AB75-SSA1, s. 2273p Section 2273p. 118.40 (7) (am) 4. of the statutes is created to read:

AB75-SSA1,1243,23 118.40 (7) (am) 4. If a school board enters into an agreement with a federally recognized American Indian tribe or band in this state to establish a charter school under sub. (3) (c) 1. c., that school board shall determine whether the charter school is an instrumentality of the school district regardless of the location of the charter school.

AB75-SSA1, s. 2273t Section 2273t. 118.40 (7) (ar) of the statutes is amended to read:

AB75-SSA1,1244,3 118.40 (7) (ar) Nothing in this subsection affects the rights of personnel of a charter school that is an instrumentality of the a school district in which it is located to engage in collective bargaining pursuant to subch. IV of ch. 111.

AB75-SSA1, s. 2276m Section 2276m. 119.04 (1) of the statutes is amended to read:

AB75-SSA1,1244,13 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.445, 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26) (25), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.

AB75-SSA1, s. 2276v Section 2276v. 119.23 (1) (a) of the statutes is renumbered 119.23 (1) (ah).

AB75-SSA1, s. 2276w Section 2276w. 119.23 (1) (ae) of the statutes is created to read:

AB75-SSA1,1244,18 119.23 (1) (ae) "Administrator" means the superintendent, supervising principal, executive director, or other person who acts as the administrative head of a private school participating in the program under this section.

AB75-SSA1, s. 2276y Section 2276y. 119.23 (1) (am) of the statutes is created to read:

AB75-SSA1,1244,24 119.23 (1) (am) "Preaccreditation" means the review and approval of an educational plan. Review of an education plan includes consideration of whether the school submitting the plan meets the requirements under s. 118.165 (1). The fact that a private school has obtained preaccreditation does not require an accreditation organization to accredit the private school.

AB75-SSA1, s. 2277 Section 2277. 119.23 (1) (as) of the statutes is created to read:

AB75-SSA1,1244,26 119.23 (1) (as) "Progress records" has the meaning given in s. 118.125 (1) (c).

AB75-SSA1, s. 2278 Section 2278. 119.23 (2) (a) 3. of the statutes is amended to read:

AB75-SSA1,1245,10 119.23 (2) (a) 3. The private school notified the state superintendent of its intent to participate in the program under this section, and paid a nonrefundable fee set by the department, by February 1 of the previous school year. The notice shall specify the number of pupils participating in the program under this section for which the school has space. The department shall by rule set the fee charged under this subdivision at an amount such that the total fee revenue covers the costs of employing one full-time auditor to evaluate the financial information submitted by the private schools under sub. (7) (am) and (d) 2. and 3.

AB75-SSA1, s. 2279 Section 2279. 119.23 (2) (a) 6. of the statutes is renumbered 119.23 (2) (a) 6. a. and amended to read:

AB75-SSA1,1245,16 119.23 (2) (a) 6. a. All Except as provided in subd. 6. c., all of the private school's teachers have graduated from high school or been granted a declaration of equivalency of high school graduation a bachelor's degree from an accredited institution of higher education.

AB75-SSA1, s. 2279d Section 2279d. 119.23 (2) (a) 6. b. and c. of the statutes are created to read:

AB75-SSA1,1245,19 119.23 (2) (a) 6. b. All of the private school's administrators have at least a bachelor's degree from an accredited institution of higher education.

AB75-SSA1,1246,6 c. Any teacher employed by the private school on July 1, 2010, who has been teaching for at least the 5 consecutive years immediately preceding July 1, 2010, and who does not satisfy the requirements under subd. 6. a. on July 1, 2010, applies to the department on a form prepared by the department for a temporary, nonrenewable waiver from the requirements under subd. 6. a. The department shall promulgate rules to implement this subd. 6. c., including the form of the application and the process by which the waiver application will be reviewed. The application form shall require the applicant to submit a plan for satisfying the requirements under subd. 6. a., including the name of the accredited institution of higher education at which the teacher is pursuing or will pursue the bachelor's degree and the anticipated date on which the teacher expects to complete the bachelor's degree. No waiver granted under this subd. 6. c. is valid after July 31, 2015.

AB75-SSA1, s. 2280b Section 2280b. 119.23 (2) (a) 7. of the statutes is renumbered 119.23 (2) (a) 7. a. and amended to read:

AB75-SSA1,1246,23 119.23 (2) (a) 7. a. The Subject to subd. 7. c., for a private school participating in the program under this section on the effective date of this subd. 7. a. .... [LRB inserts date], 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. If the private school is accredited as provided under this subd. 7. a., the private school is not required to obtain preaccreditation from the Institute for the Transformation of Learning at Marquette University under subd. 7. b. as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.

AB75-SSA1, s. 2280c Section 2280c. 119.23 (2) (a) 7. b. of the statutes is created to read:

AB75-SSA1,1247,18 119.23 (2) (a) 7. b. Subject to subd. 7. c., for a private school that is not participating in the program under this section on the effective date of this subd. 7. b. .... [LRB inserts date], and that is not accredited as provided under subd. 7. a., the private school obtains preaccreditation from the Institute for the Transformation of Learning at Marquette University by August 1 before the first school term of participation in the program under this section that begins after the effective date of this subd. 7. b. .... [LRB inserts date], or by May 1 if the private school begins participating in the program during summer school, and 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, 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 the effective date of this subd. 7. b. .... [LRB inserts date], in which it participates in the program under this section. If the private school is accredited under this subd. 7. b., the private school is not required to obtain preaccreditation from the Institute for the Transformation of Learning at Marquette University as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.

AB75-SSA1, s. 2280d Section 2280d. 119.23 (2) (a) 7. c. of the statutes is created to read:

AB75-SSA1,1248,3 119.23 (2) (a) 7. c. On or after the effective date of this subd. 7. c. .... [LRB inserts date], a private school participating or seeking to participate in the program under this section may not apply for accreditation by the Institute for the Transformation of Learning at Marquette University, except that a private school that has applied for accreditation to the Institute for the Transformation of Learning at Marquette University before the effective date of this subd. 7. c. .... [LRB inserts date], may complete the accreditation process with the Institute for the Transformation of Learning at Marquette University, and may seek renewal of accreditation from the Institute for the Transformation of Learning at Marquette University.

AB75-SSA1, s. 2281 Section 2281. 119.23 (2) (a) 8. of the statutes is created to read:

AB75-SSA1,1248,9 119.23 (2) (a) 8. Notwithstanding s. 118.165 (1) (c), the private school annually provides at least 1,050 hours of direct pupil instruction in grades 1 to 6 and at least 1,137 hours of direct pupil instruction in grades 7 to 12. Hours provided under this subdivision include recess and time for pupils to transfer between classes but do not include the lunch periods.

AB75-SSA1, s. 2282 Section 2282. 119.23 (2) (b) of the statutes is renumbered 119.23 (2) (b) (intro.) and amended to read:

AB75-SSA1,1248,22 119.23 (2) (b) (intro.) No more than 22,500 pupils, as counted under s. 121.004 (7), may attend private schools under this section. Whenever the state superintendent determines that the limit 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. If the number of pupils attending private schools under this section falls below the limit under this paragraph, the state superintendent shall issue an order notifying participating private schools that they may begin accepting additional pupils, and, notwithstanding sub. (3) (a), participating private schools that wish to accept additional pupils under this section shall accept pupils as follows:

AB75-SSA1, s. 2283 Section 2283. 119.23 (2) (b) 1. of the statutes is created to read:

AB75-SSA1,1248,25 119.23 (2) (b) 1. The private school shall give first priority to pupils who are attending a private school under this section.

AB75-SSA1, s. 2284 Section 2284. 119.23 (2) (b) 2. of the statutes is created to read:

AB75-SSA1,1249,3 119.23 (2) (b) 2. The private school shall give 2nd priority to the siblings of pupils who are attending a private school under this section.

AB75-SSA1, s. 2285 Section 2285. 119.23 (2) (b) 3. of the statutes is created to read:

AB75-SSA1,1249,6 119.23 (2) (b) 3. The private school shall give 3rd priority to pupils selected at random under a procedure established by the department by rule.

AB75-SSA1, s. 2285b Section 2285b. 119.23 (2) (c) of the statutes is created to read:

AB75-SSA1,1249,10 119.23 (2) (c) 1. Notwithstanding par. (a) 6., a teacher employed by a private school participating in the program under this section who teaches only courses in rabbinical studies is not required to have a bachelor's degree.

AB75-SSA1,1249,13 2. Notwithstanding par. (a) 6., an administrator of a private school participating in the program under this section that prepares and trains pupils attending the school in rabbinical studies is not required to have a bachelor's degree.

AB75-SSA1, s. 2285c Section 2285c. 119.23 (3) (a) of the statutes is amended to read:

AB75-SSA1,1249,24 119.23 (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. Within 60 days after receiving the application, the private school shall notify the applicant, in writing, whether the application has been accepted. If the private school rejects an application, the notice shall include the reason. A private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. 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.

AB75-SSA1, s. 2285d Section 2285d. 119.23 (4) (b) (intro.) of the statutes is amended to read:

AB75-SSA1,1250,5 119.23 (4) (b) (intro.) Upon Except as provided in par. (bg), upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the parent or guardian, from the appropriation under s. 20.255 (2) (fu), an amount equal to the lesser of the following:

AB75-SSA1, s. 2285h Section 2285h. 119.23 (4) (b) 2. of the statutes is amended to read:

AB75-SSA1,1250,11 119.23 (4) (b) 2. The amount paid per pupil under this paragraph subsection 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) and (p) expressed as a decimal, but not less than zero.

AB75-SSA1, s. 2285p Section 2285p. 119.23 (4) (bg) of the statutes is created to read:

AB75-SSA1,1250,18 119.23 (4) (bg) In the 2009-10 and 2010-11 school years, upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the parent or guardian, from the appropriation under s. 20.255 (2) (fu), an 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, or $6,442, whichever is less.

AB75-SSA1, s. 2285s Section 2285s. 119.23 (4) (c) of the statutes is amended to read:

AB75-SSA1,1251,2 119.23 (4) (c) The state superintendent shall pay 25% of the total amount under par. (b) this subsection in September, 25% in November, 25% in February and 25% 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 Except as provided in sub. (4r), the department shall send the check to the private school. The Except as provided in sub. (4r), the parent or guardian shall restrictively endorse the check for the use of the private school.

AB75-SSA1, s. 2285x Section 2285x. 119.23 (4r) of the statutes is created to read: