AB75: Bill Text

AB75,1254,16 119.23 (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, August 1 of the school year in which it first participates in the program under this section, or, for private schools participating in the program on the effective date of this subdivision .... [LRB inserts date], by August 1, 2010, or the private school was approved for scholarship funding for the 2005-06 school year by Partners Advancing Values in Education.

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

AB75,1254,22 119.23 (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, s. 2282 Section 2282. 119.23 (2) (b) of the statutes is renumbered 119.23 (2) (b) (intro.) and amended to read:

AB75,1255,8 119.23 (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 the program falls below the limit under this paragraph, participating private schools that wish to accept additional pupils under the program shall accept pupils as follows:

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

AB75,1255,11 119.23 (2) (b) 1. The private school shall give first priority to pupils who are attending a private school under this section.

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

AB75,1255,14 119.23 (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, s. 2285 Section 2285. 119.23 (2) (b) 3. of the statutes is created to read:

AB75,1255,17 119.23 (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, s. 2286 Section 2286. 119.23 (6m) of the statutes is created to read:

AB75,1255,20 119.23 (6m) Each private school participating in the program under this section shall do all of the following:

AB75,1255,22 (a) Provide to each person who applies to attend the private school all of the following:

AB75,1255,24 1. A list of the names, addresses, and telephone numbers of the members of the private school's governing body and of the private school's shareholders, if any.

AB75,1256,5 2. 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.

AB75,1256,6 3. A copy of the appeals process used if the private school rejects the applicant.

AB75,1256,10 4. A statement that the private school agrees to permit public inspection and copying of any record, as defined in s. 19.32 (2), of the private school to the same extent as required of, and subject to the same terms and enforcement provisions that apply to, an authority under subch. II of ch. 19.

AB75,1256,14 5. A statement that the private school agrees to provide public access to meetings of the governing body of the private school to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, a governmental body under subch. V of ch. 19.

AB75,1256,15 6. A copy of the policy developed by the private school under s. 118.33 (1) (f) 2m.

AB75,1256,17 7. A copy of the non-harassment policy used by the private school, together with the procedures for reporting and obtaining relief from harassment.

AB75,1256,19 8. A copy of the suspension and expulsion policies and procedures, including procedures for appealing a suspension or expulsion, used by the private school.

AB75,1256,22 9. A copy of the policy used by the private school for accepting or denying the transfer of credits earned by a pupil enrolled in the program under this section for the satisfactory completion of coursework at another school.

AB75,1256,24 (b) Upon request by any person, provide the material specified in par. (a) and any of the following information:

AB75,1257,2 1. The number of pupils enrolled in the private school under this section in the previous school year.

AB75,1257,4 2. The number of pupils enrolled in the private school other than under this section in the previous school year.

AB75,1257,6 3. For each school year in which the private school has participated in the program under this section, all of the following information:

AB75,1257,9 a. The number of pupils who were enrolled in 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.

AB75,1257,12 b. The number of pupils who were enrolled in 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.

AB75,1257,15 c. The number of pupils who were enrolled in 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.

AB75,1257,16 4. A copy of the academic standards adopted under sub. (7) (b) 2.

AB75,1257,19 5. To the extent permitted under 20 USC 1232g and 43 CFR part 99, pupil scores on standardized tests administered under sub. (7) (b) 1. and (e) 1. in the previous school year.

AB75, s. 2287 Section 2287. 119.23 (7) (am) 1. of the statutes is amended to read:

AB75,1258,2 119.23 (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 Except as provided in par. (ar), 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).

AB75, s. 2288 Section 2288. 119.23 (7) (ar) of the statutes is created to read:

AB75,1258,7 119.23 (7) (ar) The certified public accountant conducting the independent financial audit required under par. (am) 1. shall include in the audit a report on the private school's compliance with par. (b) 4. and 6. The certified public accountant may determine compliance by examining an appropriate sample of pupil records.

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

AB75,1258,10 119.23 (7) (b) Each private school participating in the program under this section shall do all of the following:

AB75,1258,12 1. Administer to any pupils attending the 3rd grade in the private school under this section a standardized reading test developed by the department.

AB75,1258,13 2. Adopt the pupil academic standards required under s. 118.30 (1g) (a) 3.

AB75,1258,16 3. Ensure that all administrators of and teachers employed by the private school have at least a bachelor's degree from an accredited institution of higher education.

AB75,1258,19 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.

AB75,1258,22 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.

AB75,1258,25 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.

AB75,1259,3 7. 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.

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

AB75,1259,15 119.23 (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, s. 2291 Section 2291. 119.23 (10) (a) 2. of the statutes is amended to read:

AB75,1259,19 119.23 (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, s. 2292 Section 2292. 119.23 (10) (a) 5. of the statutes is created to read:

AB75,1259,21 119.23 (10) (a) 5. Failed to provide the information required under sub. (6m).

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

AB75,1259,24 119.23 (10) (a) 6. Failed to comply with the requirements under sub. (7) (b) or (c).

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

AB75,1260,1 119.23 (10) (a) 7. Violated sub. (7) (b) 4., 5., or 6.

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

AB75,1260,5 119.23 (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).

AB75, s. 2296 Section 2296. 119.82 of the statutes is repealed.

AB75, s. 2297 Section 2297. 120.12 (24) of the statutes is amended to read:

AB75,1260,10 120.12 (24) Health care benefits. Prior to the selection of any group health care benefits provider for school district professional employees, as defined in s. 111.70 (1) (ne), solicit sealed bids for the provision of such benefits.

AB75, s. 2298 Section 2298. 121.007 of the statutes is amended to read:

AB75,1260,17 121.007 Use of state aid; exemption from execution. All moneys paid to a school district under s. 20.255 (2) (ac), (bc), (cg), and (cr) (vr), shall be used by the school district solely for the purposes for which paid. Such moneys are exempt from execution, attachment, garnishment, or other process in favor of creditors, except as to claims for salaries or wages of teachers and other school employees and as to claims for school materials, supplies, fuel, and current repairs.

AB75, s. 2299 Section 2299. 121.06 (4) of the statutes is amended to read:

AB75,1260,22 121.06 (4) For purposes of computing state aid under s. 121.08, equalized valuations calculated under sub. (1) and certified under sub. (2) shall include the full value of property that is exempt under s. ss. 70.11 (27m), (39), and (39m) and 70.111 (27) as determined under s. 79.095 (3).

AB75, s. 2300 Section 2300. 121.07 (8) of the statutes is renumbered 121.07 (8) (a) and amended to read:

AB75,1261,3 121.07 (8) (a) A Except as provided in par. (b), a school district's primary, secondary and tertiary guaranteed valuations are determined by multiplying the amounts in sub. (7) by the district's membership.

AB75, s. 2301 Section 2301. 121.07 (8) (b) of the statutes is created to read:

AB75,1261,9 121.07 (8) (b) The primary, secondary, and tertiary guaranteed valuations of a school district operating under ch. 119 are determined by multiplying the amounts in sub. (7) by the sum of the school district's membership and a number equal to the following percent of the number of pupils attending a private school under the program under s. 119.23 in the previous school year:

AB75,1261,10 1. For state aid distributed in the 2009-10 school year, 10 percent.

AB75,1261,11 2. For state aid distributed in the 2010-11 school year, 20 percent.

AB75,1261,12 3. For state aid distributed in the 2011-12 school year, 30 percent.

AB75,1261,13 4. For state aid distributed in the 2012-13 school year, 40 percent.

AB75,1261,15 5. For state aid distributed in the 2013-14 school year and in each school year thereafter, 50 percent.

AB75, s. 2302 Section 2302. 121.53 (4) of the statutes is amended to read:

AB75,1262,4 121.53 (4) Every school board 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 which covers the owner and operator of the school bus and the school board 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 plate 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 by the insurer at least 10 days prior to the date of termination or cancellation. 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.

AB75, s. 2303 Section 2303. 121.555 (2) (a) of the statutes is amended to read:

AB75,1262,13 121.555 (2) (a) Insurance. If the vehicle is owned or leased by a school or a school bus contractor, or is a vehicle authorized under sub. (1) (b), it shall comply with s. 121.53. If the vehicle is transporting 9 or less persons in addition to the operator and is not owned or leased by a school or by a school bus contractor, it shall be insured by a policy providing property damage coverage with a limit of not less than $10,000 $25,000 and bodily injury liability coverage with limits of not less than $25,000 $100,000 for each person, and, subject to the limit for each person, a total limit of not less than $50,000 $300,000 for each accident.

AB75, s. 2304 Section 2304. 121.575 (3) of the statutes is amended to read:

AB75,1262,19 121.575 (3) If the federal government requires, as a condition of full federal financial participation under sub. (2) (b), that this state provide assistance for the purposes of sub. (2) (a) from state resources, the department shall provide the assistance from the appropriation under s. 20.255 (2) (cr) (vr) in the minimum amount required to obtain full federal financial participation.

AB75, s. 2305 Section 2305. 121.58 (6) of the statutes is amended to read:

AB75,1263,2 121.58 (6) Appropriation prorated. If the appropriation under s. 20.255 (2) (cr) (vr) in any one year is insufficient to pay the full amount of approved claims under this section, state aid payments for school districts not participating in the program under s.121.575 shall be prorated as though the minimum amount under s. 121.575 (3) had not been made and state aid payments for school districts participating in the program under s. 121.575 shall be prorated after deducting the minimum amount under s. 121.575 (3).

AB75, s. 2306 Section 2306. 121.79 (1) (d) (intro.) of the statutes is amended to read:

AB75,1263,7 121.79 (1) (d) (intro.) For pupils in foster homes , treatment foster homes, or group homes, if the foster home, treatment foster home, or group home is located outside the school district in which the pupil's parent or guardian resides and either of the following applies:

AB75, s. 2307 Section 2307. 121.79 (1) (d) 2. of the statutes is amended to read:

AB75,1263,10 121.79 (1) (d) 2. The foster, treatment foster or group home is exempted under s. 70.11.

AB75, s. 2308 Section 2308. 121.79 (1) (d) 3. of the statutes is amended to read:

AB75,1263,16 121.79 (1) (d) 3. The pupil is a child with a disability, as defined in s. 115.76 (5), and at least 4% of the pupils enrolled in the school district reside in foster homes, treatment foster homes, or group homes that are not exempt under s. 70.11. Notwithstanding s. 121.83 (1) (d), the annual tuition rate for pupils under this subdivision is the special annual tuition rate only, as described in s. 121.83 (1) (c).

AB75, s. 2309 Section 2309. 121.90 (2) (intro.) of the statutes is renumbered 121.90 (2) (am) (intro.) and amended to read:

AB75,1263,19 121.90 (2) (am) (intro.) "State aid" means aid all of the following: