Amendment SSA1-AB75

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:

AB75-SSA1,1251,10 119.23 (4r) If, after the 3rd Friday in September in any school year, a private school participating in the program under this section closes, for each installment under sub. (4) (c) that was not paid to the private school in that school year, the state superintendent shall pay to the board, from the appropriation under s. 20.255 (2) (fv), the amount determined as follows for each pupil who had been attending the private school under this section in that school year and who enrolls in the school district operating under this chapter in that school year:

AB75-SSA1,1251,12 (a) 1. In the 2009-10 school year, multiply the amount determined under sub. (4) (b) or (bg) by 0.584.

AB75-SSA1,1251,14 2. In the 2010-11 school year and in any school year thereafter, multiply the amount determined under sub. (4) (b) or (bg) by 0.616.

AB75-SSA1,1251,15 (b) Multiply the product under par. (a) by 0.25.

AB75-SSA1, s. 2286 Section 2286. 119.23 (6m) of the statutes is created to read:

AB75-SSA1,1251,18 119.23 (6m) Each private school participating in the program under this section shall do all of the following:

AB75-SSA1,1251,20 (a) Provide to each pupil, or the parent or guardian of each minor pupil, who applies to attend the private school all of the following:

AB75-SSA1,1251,22 1. The name, address, and telephone number of the private school and the name of one or more contact persons at the school.

AB75-SSA1,1251,24 2. A list of the names of the members of the private school's governing body and of the private school's shareholders, if any.

AB75-SSA1,1252,5 3. A notice stating whether the private school is an organization operated for profit or not for profit. If the private school is a nonprofit organization, the private school shall also provide the applicant with a copy of the certificate issued under section 501 (c) (3) of the Internal Revenue Code verifying that the private school is a nonprofit organization that is exempt from federal income tax.

AB75-SSA1,1252,6 4. A copy of the appeals process used if the private school rejects the applicant.

AB75-SSA1,1252,7 5. A copy of the policy developed by the private school under s. 118.33 (1) (f) 2m.

AB75-SSA1,1252,9 6. A copy of the non-harassment policy used by the private school, together with the procedures for reporting and obtaining relief from harassment.

AB75-SSA1,1252,11 7. A copy of the suspension and expulsion policies and procedures, including procedures for appealing a suspension or expulsion, used by the private school.

AB75-SSA1,1252,14 8. A copy of the policy used by the private school for accepting or denying the transfer of credits earned by a pupil attending the private school under this section for the satisfactory completion of coursework at another school.

AB75-SSA1,1252,16 9. A copy of the policy governing visitors and visits to the private school, developed as required under sub. (7) (b) 2m.

AB75-SSA1,1252,18 (b) Annually, by August 1st, provide to the department the material specified in par. (a) and all of the following information:

AB75-SSA1,1252,20 1. The number of pupils attending the private school under this section in the previous school year.

AB75-SSA1,1252,22 2. The number of pupils attending the private school other than under this section in the previous school year.

AB75-SSA1,1252,24 3. For each of the previous 5 school years in which the private school has participated in the program under this section, all of the following information:

AB75-SSA1,1253,3 a. The number of pupils who attended the private school under this section and other than under this section in the 12th grade and the number of those pupils who graduated from the private school.

AB75-SSA1,1253,6 b. The number of pupils who attended the private school under this section and other than under this section in the 8th grade and the number of those pupils who advanced from grade 8 to grade 9.

AB75-SSA1,1253,9 c. The number of pupils who attended the private school under this section and other than under this section in the 4th grade and the number of those pupils who advanced from grade 4 to grade 5.

AB75-SSA1,1253,11 d. To the extent permitted under 20 USC 1232g and 43 CFR part 99, pupil scores on all standardized tests administered under sub. (7) (e) 1.

AB75-SSA1,1253,12 4. A copy of the academic standards adopted under sub. (7) (b) 2.

AB75-SSA1,1253,15 (c) Provide to the department a signed statement from each individual who is a member of the private school's governing body verifying that the individual is a member of the governing body.

AB75-SSA1,1253,18 (d) Upon request by any pupil, or the parent or guardian of any minor pupil, who is attending or who applies to attend the private school, provide the material specified in pars. (a) and (b).

AB75-SSA1, s. 2289 Section 2289. 119.23 (7) (b) of the statutes is created to read:

AB75-SSA1,1253,21 119.23 (7) (b) Each private school participating in the program under this section shall do all of the following:

AB75-SSA1,1253,23 1. Administer to any pupils attending the 3rd grade in the private school under this section a standardized reading test developed by the department.

AB75-SSA1,1253,24 2. Adopt the pupil academic standards required under s. 118.30 (1g) (a) 3.

AB75-SSA1,1253,25 2m. Develop a written policy governing visitors and visits to the private school.

AB75-SSA1,1254,4 3. Ensure that any teacher's aide employed by the private school has graduated from high school, been granted a declaration of equivalency of high school graduation, or been issued a general educational development certificate of high school equivalency.

AB75-SSA1,1254,13 3m. Annually, schedule two meetings at which members of the governing body of the private school will be present and at which pupils, and the parents or guardians of pupils, applying to attend the private school or attending the private school may meet and communicate with the members of the governing body. The private school shall, within 30 days after the start of the school term, notify the department in writing of the scheduled meeting dates and shall, at least 30 days before the scheduled meeting date, notify in writing each pupil, or the parent or guardian of each minor pupil, applying to attend the private school or attending the private school of the meeting date, time, and place.

AB75-SSA1,1254,16 4. Maintain progress records for each pupil attending the private school under this section while the pupil attends the school and, except as provided under subd. 7., for at least 5 years after the pupil ceases to attend the school.

AB75-SSA1,1254,19 5. 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 progress records.

AB75-SSA1,1254,22 6. 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.

AB75-SSA1,1255,2 7. a. Except as provided in subd. 7. b., if the private school ceases operating as a private school, immediately transfer all of the progress records of the pupils who attended the school under this section to the board. The private school shall send written notice to each pupil, or to the parent or guardian of a minor pupil, of the transfer of progress records under this subd. 7. a.

AB75-SSA1,1255,15 b. If the private school is affiliated with an organization that will maintain the progress records of each pupil who attended the school under this section for at least 5 years after the private school ceases operation as a private school, the private school may transfer a pupil's records to the organization if the pupil, or the parent or guardian of a minor pupil, consents in writing to the release of the progress records to the affiliated organization. The private school shall send to the department a copy of the consent form for each pupil who consents to the transfer of progress records under this subd. 7. b. The written notice shall be signed by the pupil, or the parent or guardian of a minor pupil, and shall include the name, phone number, mailing address, and other relevant contact information of the organization that will maintain the progress records, and a declaration by the affiliated organization that the organization agrees to maintain the progress records for at least 5 years after the private school ceases operation as a private school.

AB75-SSA1,1255,19 8. Ensure that an accrediting agency reviews and reports to the department on the private school's compliance with subds. 4. and 6. as provided under sub. (9) (b). The accrediting agency may determine compliance by examining an appropriate sample of pupil records.

AB75-SSA1,1255,23 9. Beginning in the 2010-11 school year, if at least 10 percent of the pupils attending the private school under this section are limited-English proficient pupils, as defined in s. 115.955 (7), establish a bilingual-bicultural education program as defined in s. 115.955 (2).

AB75-SSA1, s. 2290 Section 2290. 119.23 (7) (e) 1. of the statutes is amended to read:

AB75-SSA1,1256,11 119.23 (7) (e) 1. Annually In the 2009-10 school year, 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. Beginning in the 2010-11 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 to such pupils. Beginning in 2006 and annually thereafter until 2011, the private school shall provide the scores of all standardized tests and examinations that it administers under this subdivision to the School Choice Demonstration Project.

AB75-SSA1, s. 2290j Section 2290j. 119.23 (9) of the statutes is renumbered 119.23 (9) (a) and amended to read:

AB75-SSA1,1256,19 119.23 (9) (a) If any accrediting agency specified under sub. (2) (a) 7. a. or b. determines during the accrediting process that a private school does not meet all of the requirements under s. 118.165 (1), or if the Institute for the Transformation of Learning at Marquette University determines during the preaccreditation 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.

AB75-SSA1, s. 2290k Section 2290k. 119.23 (9) (b) of the statutes is created to read:

AB75-SSA1,1256,24 119.23 (9) (b) An accrediting agency specified under sub. (2) (a) 7. a. and b. shall review and report to the department on a private school's compliance with sub. (7) (b) 4. and 6. The accrediting agency may determine compliance by examining an appropriate sample of pupil records.

AB75-SSA1, s. 2291 Section 2291. 119.23 (10) (a) 2. of the statutes is amended to read:

AB75-SSA1,1257,3 119.23 (10) (a) 2. Failed to provide the notice or pay the fee required under sub. (2) (a) 3., or provide the information required under sub. (7) (am) or (d), by the date or within the period specified.

AB75-SSA1, s. 2291d Section 2291d. 119.23 (10) (a) 3. of the statutes is amended to read:

AB75-SSA1,1257,6 119.23 (10) (a) 3. Failed to refund to the state any overpayment made under sub. (4) (b) or (bg) or (4m) by the date specified by department rule.

AB75-SSA1, s. 2292 Section 2292. 119.23 (10) (a) 5. of the statutes is created to read:

AB75-SSA1,1257,8 119.23 (10) (a) 5. Failed to provide the information required under sub. (6m).

AB75-SSA1, s. 2293 Section 2293. 119.23 (10) (a) 6. of the statutes is created to read:

AB75-SSA1,1257,11 119.23 (10) (a) 6. Failed to comply with the requirements under sub. (7) (b) or (c).

AB75-SSA1, s. 2294 Section 2294. 119.23 (10) (a) 7. of the statutes is created to read:

AB75-SSA1,1257,13 119.23 (10) (a) 7. Violated sub. (7) (b) 4., 5., or 6.

AB75-SSA1, s. 2295g Section 2295g. 119.23 (10) (d) of the statutes is amended to read:

AB75-SSA1,1257,17 119.23 (10) (d) The Except as provided in par. (e), 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.

AB75-SSA1, s. 2295h Section 2295h. 119.23 (10) (e) of the statutes is created to read:

AB75-SSA1,1258,2 119.23 (10) (e) 1. Notwithstanding subs. (4) and (4m), and except as provided in subd. 2., if the state superintendent issues an order under par. (a) or (b) barring the private school from participating in the program under this section in the school year in which the order is issued, the department shall pay to the parent or guardian of a pupil who attended the private school in that school year, from the appropriation under s. 20.255 (2) (fu), an amount determined as follows, which payment shall be sent to the private school to be restrictively endorsed by the parent or guardian of the pupil for the use of the private school:

AB75-SSA1,1258,5 a. Divide the number of instructional hours provided to the pupil in that school year before the order was issued under par. (a) or (b) by the number of instructional hours scheduled for the grade the pupil was attending in that school year.

AB75-SSA1,1258,7 b. Multiply the quotient under subd. 1. a. by the amount under sub. (4) (b) or (bg).

AB75-SSA1,1258,9 c. Subtract from the product under subd. 1. b. any amount already paid to the parent or guardian under subs. (4) and (4m) for that pupil in that school year.

AB75-SSA1,1258,12 2. This paragraph does not apply to a private school barred from participating in the program under this section under par. (a) or (b) as a result of committing an act of fraud.