Amendment ASA1-AB40

AB40-ASA1,1007,15 d. The pupil is applying to attend kindergarten, first grade, or 9th grade in a private school participating in the program under this section.

AB40-ASA1,1007,20 3. a. Except as provided in subd. 3. b., the private school notified the state superintendent of its intent to participate in the program under this section, and paid the nonrefundable fee set by the department as required under s. 119.23 (2) (a) 3., 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.

AB40-ASA1,1008,2 b. For a private school that intends to participate in the program under this section in the 2011-12 school year, the private school notified the state superintendent of its intent to participate, and paid the nonrefundable fee set by the department under subd. 3. a. by August 1, 2011. The notice shall specify the number of pupils participating in the program under this section for which the school has space.

AB40-ASA1,1008,3 4. The private school complies with 42 USC 2000d.

AB40-ASA1,1008,5 5. The private school meets all health and safety laws or codes that apply to public schools.

AB40-ASA1,1008,7 6. a. Except as provided in subd. 6. c., all of the private school's teachers have a bachelor's degree from an accredited institution of higher education.

AB40-ASA1,1008,9 b. All of the private school's administrators have at least a bachelor's degree from an accredited institution of higher education.

AB40-ASA1,1008,21 c. Any teacher employed by the private school on July 1, 2011, who has been teaching for at least the 5 consecutive years immediately preceding July 1, 2011, and who does not satisfy the requirements under subd. 6. a. on July 1, 2011, 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, 2016.

AB40-ASA1,1009,21 7. For a private school that is a first-time participant in the program under this section, and that is not accredited by the Wisconsin North Central Association, the Wisconsin Religious and Independent School Accreditation, the Independent Schools Association of the Central States, the archdiocese within which the private school is located, or by any other organization recognized by the National Council for Private Schools Accreditation, the private school obtains preaccreditation by the Institute for the Transformation of Learning at Marquette University, the Wisconsin North Central Association, the Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, the archdiocese within which the private school is located, or any other organization recognized by the National Council for Private School Accreditation by September 1 before the first school term of participation in the program under this section that begins after August 31, 2011; by August 1 before the first school term of participation in the program under this section that begins after August 31, 2012; or by May 1 if the private school begins participation in the program under this section during summer school. The private school shall achieve accreditation by the Wisconsin North Central Association, the Wisconsin Religious and Independent Schools Accreditation, the Independent Schools Association of the Central States, the archdiocese within which the private school is located, 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 in which the private school begins participation in the program under this section. If the private school is accredited under this subdivision, the private school is not required to obtain preaccreditation as a prerequisite to providing instruction under this section in additional grades or in an additional or new school.

AB40-ASA1,1010,2 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.

AB40-ASA1,1010,6 (b) 1. In the 2011-12 school year, no more than 250 pupils, as counted under s. 121.004 (7), may attend private schools under this section. Priority shall be given to pupils who were eligible for a free or reduced-price lunch in the federal school lunch program under 42 USC 1758 (b) in the 2010-11 school year.

AB40-ASA1,1010,9 2. In the 2012-13 school year, no more than 500 pupils, as counted under s. 121.004 (7), may attend private schools under this section. Priority shall be given to pupils who attended a private school under this section in the 2011-12 school year.

AB40-ASA1,1010,18 3. Whenever the state superintendent determines that the limit is reached under subd. 1. or 2., 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:

AB40-ASA1,1010,20 a. The private school shall give first priority to pupils who are attending a private school under this section.

AB40-ASA1,1010,22 b. The private school shall give 2nd priority to the siblings of pupils who are attending a private school under this section.

AB40-ASA1,1010,24 c. The private school shall give 3rd priority to pupils selected at random under a procedure established by the department by rule.

AB40-ASA1,1011,3 (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.

AB40-ASA1,1011,6 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.

AB40-ASA1,1011,17 (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. If more than one pupil from the same family applies to attend the same private school, the pupils may use a single application. Within 60 days after receiving the application, the private school shall notify each applicant, in writing, whether his or her 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.

AB40-ASA1,1011,20 (b) If the private school rejects an applicant because it has too few available spaces, the pupil may transfer his or her application to a participating private school that has space available.

AB40-ASA1,1011,24 (3m) (a) A private school participating in the program under this section may not charge or receive any additional payment for a pupil participating in the program under this section other than the payment the school receives under sub. (4) and, if applicable, sub. (4m), if either of the following applies:

AB40-ASA1,1011,25 1. The pupil is enrolled in a grade from kindergarten to 8.

AB40-ASA1,1012,4 2. The pupil is enrolled in a grade from 9 to 12 and the family income of the pupil, as determined under sub. (2) (a) 1., does not exceed an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget.

AB40-ASA1,1012,8 (b) A private school participating in the program under this section may, in addition to the payment it receives for a pupil under sub. (4) and, if applicable, sub. (4m), charge the pupil tuition and fees in an amount determined by the school if both of the following apply:

AB40-ASA1,1012,9 1. The pupil is enrolled in a grade from 9 to 12.

AB40-ASA1,1012,12 2. The family income of the pupil, as determined under sub. (2) (a) 1., exceeds an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget.

AB40-ASA1,1012,17 (c) A private school participating in the program under this section shall determine whether the private school may charge additional tuition and fees to a pupil on the basis of the pupil's family income as permitted under par. (b). The private school shall establish a process for accepting an appeal to the governing body of the private school of the determination made under this paragraph.

AB40-ASA1,1012,21 (4) (a) Annually, on or before October 15, a private school participating in the program under this section shall file with the department a report stating its summer average daily membership equivalent and its summer choice average daily membership equivalent for the purpose of sub. (4m).

AB40-ASA1,1013,2 (b) 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 private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fr), an amount equal to the lesser of the following:

AB40-ASA1,1013,4 1. The 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.

AB40-ASA1,1013,8 2. The amount paid per pupil under this 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) expressed as a decimal, but not less than zero.

AB40-ASA1,1013,14 (bg) In the 2011-12 and 2012-13 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) (fr), 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.

AB40-ASA1,1013,20 (c) The state superintendent shall pay 25 percent of the total amount under this subsection in September, 25 percent in November, 25 percent in February, and 25 percent in May. Each installment may consist of a single check for all pupils attending the private school under this section. The state superintendent shall include the entire amount under sub. (4m) in the November installment, but the payment shall be made in a separate check from the payment under this subsection.

AB40-ASA1,1013,22 (d) In determining a private school's operating and debt service cost per pupil under par. (b) 1. and (4m) (a), the department shall do all of the following:

AB40-ASA1,1013,24 1. Subtract only the following, up to the actual cost of the service or material related to each item:

AB40-ASA1,1013,25 a. Fees charged pupils for books and supplies used in classes and programs.

AB40-ASA1,1014,1 b. Rentals for school buildings.

AB40-ASA1,1014,2 c. Food service revenues.

AB40-ASA1,1014,3 d. Governmental financial assistance.

AB40-ASA1,1014,4 e. Interest and other income resulting from the investment of debt proceeds.

AB40-ASA1,1014,11 2. If legal title to the private school's buildings and premises is held in the name of the private school's parent organization or other related party, there is no other mechanism to include the private school's facilities costs in the calculation of its operating and debt service cost, and the private school requests that the department do so, include an amount equal to 10.5 percent of the fair market value of the school and its premises. A request made by a private school under this subdivision remains effective in subsequent school years and may not be withdrawn by the private school.

AB40-ASA1,1014,15 3. If immediately prior to the effective date of this subdivision .... [LRB inserts date], a private school's operating and debt service costs, as determined by the department, included the amount described in subd. 2., continue to include the amount described in subd. 2. in subsequent school years.

AB40-ASA1,1014,19 (4m) In addition to the payment under sub. (4) the state superintendent shall pay to each private school participating in the program under this section, on behalf of the parent or guardian of each pupil attending the private school under this section, in the manner described in sub. (4) (c), the amount determined as follows:

AB40-ASA1,1014,21 (a) Determine the private school's operating and debt service cost per pupil in summer school that is related to educational programming.

AB40-ASA1,1014,22 (b) Multiply the amount under par. (a) by 0.40.

AB40-ASA1,1014,25 (c) Multiply the product under par. (b) by the quotient determined by dividing the summer choice average daily membership equivalent of the private school by the total number of pupils for whom payments are being made under sub. (4).

AB40-ASA1,1015,7 (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, 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, as follows:

AB40-ASA1,1015,8 (a) Multiply the amount determined under sub. (4) (b) or (bg) by 0.616.

AB40-ASA1,1015,9 (b) Multiply the product under par. (a) by 0.25.

AB40-ASA1,1015,12 (5) The state superintendent shall ensure that pupils and parents and guardians of pupils who reside in the Racine Unified School District are informed annually of the private schools participating in the program under this section.

AB40-ASA1,1015,16 (6) The school board of the Racine Unified School District shall provide transportation to pupils attending a private school under this section if required under s. 121.54 and may claim transportation aid under s. 121.58 for pupils so transported.

AB40-ASA1,1015,18 (6m) Each private school participating in the program under this section shall do all of the following:

AB40-ASA1,1015,20 (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:

AB40-ASA1,1015,22 1. The name, address, and telephone number of the private school and the name of one or more contact persons at the school.

AB40-ASA1,1015,24 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.

AB40-ASA1,1016,5 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.

AB40-ASA1,1016,6 4. A copy of the appeals process used if the private school rejects the applicant.

AB40-ASA1,1016,7 5. A copy of the policy developed by the private school under s. 118.33 (1) (f) 2r.

AB40-ASA1,1016,9 6. A copy of the nonharassment policy used by the private school, together with the procedures for reporting and obtaining relief from harassment.

AB40-ASA1,1016,11 7. A copy of the suspension and expulsion policies and procedures, including procedures for appealing a suspension or expulsion, used by the private school.

AB40-ASA1,1016,14 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.

AB40-ASA1,1016,16 9. A copy of the policy governing visitors and visits to the private school, developed as required under sub. (7) (b) 2m.

AB40-ASA1,1016,18 (b) Annually, by August 1st, provide to the department the material specified in par. (a) and all of the following information:

AB40-ASA1,1016,20 1. The number of pupils attending the private school under this section in the previous school year.

AB40-ASA1,1016,22 2. The number of pupils attending the private school other than under this section in the previous school year.

AB40-ASA1,1016,24 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:

AB40-ASA1,1017,3 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.

AB40-ASA1,1017,6 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.

AB40-ASA1,1017,9 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.

AB40-ASA1,1017,11 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).

AB40-ASA1,1017,12 4. A copy of the academic standards adopted under sub. (7) (b) 2.

AB40-ASA1,1017,15 (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.

AB40-ASA1,1017,18 (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).

AB40-ASA1,1017,20 (7) (a) Each private school participating in the program under this section shall meet at least one of the following standards:

AB40-ASA1,1017,22 1. At least 70 percent of the pupils in the program advance one grade level each year.

AB40-ASA1,1017,24 2. The private school's average attendance rate for the pupils in the program is at least 90 percent.

AB40-ASA1,1018,2 3. At least 80 percent of the pupils in the program demonstrate significant academic progress.

AB40-ASA1,1018,4 4. At least 70 percent of the families of pupils in the program meet parent involvement criteria established by the private school.

AB40-ASA1,1018,9 (am) Each private school participating in the program under this section is subject to uniform financial accounting standards established by the department. Annually by September 1 following a school year in which a private school participated in the program under this section, the private school shall submit to the department all of the following:

AB40-ASA1,1018,20 1. An independent financial audit of the private school conducted by an independent 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). The auditor shall conduct his or her audit, including determining sample sizes and evaluating financial viability, in accordance with the auditing standards established by the American Institute of Certified Public Accountants. The department may not require an auditor to comply with standards that exceed the scope of the standards established by the American Institute of Certified Public Accountants.

AB40-ASA1,1018,25 2. Evidence of sound fiscal and internal control practices, as prescribed by the department by rule. An auditor engaged to evaluate the private school's fiscal and internal control practices shall conduct his or her evaluation, including determining sample sizes, in accordance with attestation standards established by the American Institute of Certified Public Accountants.

AB40-ASA1,1019,2 (b) Each private school participating in the program under this section shall do all of the following:

AB40-ASA1,1019,4 1. Administer to any pupils attending the 3rd grade in the private school under this section a standardized reading test developed by the department.

AB40-ASA1,1019,5 2. Adopt the pupil academic standards required under s. 118.30 (1g) (a) 4.

AB40-ASA1,1019,6 2m. Develop a written policy governing visitors and visits to the private school.

AB40-ASA1,1019,10 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.

AB40-ASA1,1019,19 3m. Annually, schedule 2 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.

AB40-ASA1,1019,22 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.

AB40-ASA1,1019,25 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.