AB40-ASA1,1013,2221 (d) In determining a private school's operating and debt service cost per pupil
22under par. (b) 1. and (4m) (a), the department shall do all of the following:
AB40-ASA1,1013,2423 1. Subtract only the following, up to the actual cost of the service or material
24related to each item:
AB40-ASA1,1013,2525 a. Fees charged pupils for books and supplies used in classes and programs.
AB40-ASA1,1014,1
1b. Rentals for school buildings.
AB40-ASA1,1014,22 c. Food service revenues.
AB40-ASA1,1014,33 d. Governmental financial assistance.
AB40-ASA1,1014,44 e. Interest and other income resulting from the investment of debt proceeds.
AB40-ASA1,1014,115 2. If legal title to the private school's buildings and premises is held in the name
6of the private school's parent organization or other related party, there is no other
7mechanism to include the private school's facilities costs in the calculation of its
8operating and debt service cost, and the private school requests that the department
9do so, include an amount equal to 10.5 percent of the fair market value of the school
10and its premises. A request made by a private school under this subdivision remains
11effective in subsequent school years and may not be withdrawn by the private school.
AB40-ASA1,1014,1512 3. If immediately prior to the effective date of this subdivision .... [LRB inserts
13date], a private school's operating and debt service costs, as determined by the
14department, included the amount described in subd. 2., continue to include the
15amount described in subd. 2. in subsequent school years.
AB40-ASA1,1014,19 16(4m) In addition to the payment under sub. (4) the state superintendent shall
17pay to each private school participating in the program under this section, on behalf
18of the parent or guardian of each pupil attending the private school under this
19section, in the manner described in sub. (4) (c), the amount determined as follows:
AB40-ASA1,1014,2120 (a) Determine the private school's operating and debt service cost per pupil in
21summer school that is related to educational programming.
AB40-ASA1,1014,2222 (b) Multiply the amount under par. (a) by 0.40.
AB40-ASA1,1014,2523 (c) Multiply the product under par. (b) by the quotient determined by dividing
24the summer choice average daily membership equivalent of the private school by the
25total number of pupils for whom payments are being made under sub. (4).
AB40-ASA1,1015,7
1(4r) If, after the 3rd Friday in September in any school year, a private school
2participating in the program under this section closes, for each installment under
3sub. (4) (c) that was not paid to the private school in that school year, the state
4superintendent shall pay to the board, from the appropriation under s. 20.255 (2) (fv),
5the amount determined, for each pupil who had been attending the private school
6under this section in that school year and who enrolls in the school district operating
7under this chapter in that school year, as follows:
AB40-ASA1,1015,88 (a) Multiply the amount determined under sub. (4) (b) or (bg) by 0.616.
AB40-ASA1,1015,99 (b) Multiply the product under par. (a) by 0.25.
AB40-ASA1,1015,12 10(5) The state superintendent shall ensure that pupils and parents and
11guardians of pupils who reside in the Racine Unified School District are informed
12annually of the private schools participating in the program under this section.
AB40-ASA1,1015,16 13(6) The school board of the Racine Unified School District shall provide
14transportation to pupils attending a private school under this section if required
15under s. 121.54 and may claim transportation aid under s. 121.58 for pupils so
16transported.
AB40-ASA1,1015,18 17(6m) Each private school participating in the program under this section shall
18do all of the following:
AB40-ASA1,1015,2019 (a) Provide to each pupil, or the parent or guardian of each minor pupil, who
20applies to attend the private school all of the following:
AB40-ASA1,1015,2221 1. The name, address, and telephone number of the private school and the
22name of one or more contact persons at the school.
AB40-ASA1,1015,2423 2. A list of the names of the members of the private school's governing body and
24of the private school's shareholders, if any.
AB40-ASA1,1016,5
13. A notice stating whether the private school is an organization operated for
2profit or not for profit. If the private school is a nonprofit organization, the private
3school shall also provide the applicant with a copy of the certificate issued under
4section 501 (c) (3) of the Internal Revenue Code verifying that the private school is
5a nonprofit organization that is exempt from federal income tax.
AB40-ASA1,1016,66 4. A copy of the appeals process used if the private school rejects the applicant.
AB40-ASA1,1016,77 5. A copy of the policy developed by the private school under s. 118.33 (1) (f) 2r.
AB40-ASA1,1016,98 6. A copy of the nonharassment policy used by the private school, together with
9the procedures for reporting and obtaining relief from harassment.
AB40-ASA1,1016,1110 7. A copy of the suspension and expulsion policies and procedures, including
11procedures for appealing a suspension or expulsion, used by the private school.
AB40-ASA1,1016,1412 8. A copy of the policy used by the private school for accepting or denying the
13transfer of credits earned by a pupil attending the private school under this section
14for the satisfactory completion of coursework at another school.
AB40-ASA1,1016,1615 9. A copy of the policy governing visitors and visits to the private school,
16developed as required under sub. (7) (b) 2m.
AB40-ASA1,1016,1817 (b) Annually, by August 1st, provide to the department the material specified
18in par. (a) and all of the following information:
AB40-ASA1,1016,2019 1. The number of pupils attending the private school under this section in the
20previous school year.
AB40-ASA1,1016,2221 2. The number of pupils attending the private school other than under this
22section in the previous school year.
AB40-ASA1,1016,2423 3. For each of the previous 5 school years in which the private school has
24participated in the program under this section, all of the following information:
AB40-ASA1,1017,3
1a. The number of pupils who attended the private school under this section and
2other than under this section in the 12th grade and the number of those pupils who
3graduated from the private school.
AB40-ASA1,1017,64 b. The number of pupils who attended the private school under this section and
5other than under this section in the 8th grade and the number of those pupils who
6advanced from grade 8 to grade 9.
AB40-ASA1,1017,97 c. The number of pupils who attended the private school under this section and
8other than under this section in the 4th grade and the number of those pupils who
9advanced from grade 4 to grade 5.
AB40-ASA1,1017,1110d. To the extent permitted under 20 USC 1232g and 43 CFR part 99, pupil
11scores on all standardized tests administered under sub. (7) (e).
AB40-ASA1,1017,1212 4. A copy of the academic standards adopted under sub. (7) (b) 2.
AB40-ASA1,1017,1513 (c) Provide to the department a signed statement from each individual who is
14a member of the private school's governing body verifying that the individual is a
15member of the governing body.
AB40-ASA1,1017,1816 (d) Upon request by any pupil, or the parent or guardian of any minor pupil,
17who is attending or who applies to attend the private school, provide the material
18specified in pars. (a) and (b).
AB40-ASA1,1017,20 19(7) (a) Each private school participating in the program under this section shall
20meet at least one of the following standards:
AB40-ASA1,1017,2221 1. At least 70 percent of the pupils in the program advance one grade level each
22year.
AB40-ASA1,1017,2423 2. The private school's average attendance rate for the pupils in the program
24is at least 90 percent.
AB40-ASA1,1018,2
13. At least 80 percent of the pupils in the program demonstrate significant
2academic progress.
AB40-ASA1,1018,43 4. At least 70 percent of the families of pupils in the program meet parent
4involvement criteria established by the private school.
AB40-ASA1,1018,95 (am) Each private school participating in the program under this section is
6subject to uniform financial accounting standards established by the department.
7Annually by September 1 following a school year in which a private school
8participated in the program under this section, the private school shall submit to the
9department all of the following:
AB40-ASA1,1018,2010 1. An independent financial audit of the private school conducted by an
11independent certified public accountant, accompanied by the auditor's statement
12that the report is free of material misstatements and fairly presents pupil costs
13under sub. (4) (b) 1. The audit under this subdivision shall be limited in scope to those
14records that are necessary for the department to make payments under subs. (4) and
15(4m). The auditor shall conduct his or her audit, including determining sample sizes
16and evaluating financial viability, in accordance with the auditing standards
17established by the American Institute of Certified Public Accountants. The
18department may not require an auditor to comply with standards that exceed the
19scope of the standards established by the American Institute of Certified Public
20Accountants.
AB40-ASA1,1018,2521 2. Evidence of sound fiscal and internal control practices, as prescribed by the
22department by rule. An auditor engaged to evaluate the private school's fiscal and
23internal control practices shall conduct his or her evaluation, including determining
24sample sizes, in accordance with attestation standards established by the American
25Institute of Certified Public Accountants.
AB40-ASA1,1019,2
1(b) Each private school participating in the program under this section shall
2do all of the following:
AB40-ASA1,1019,43 1. Administer to any pupils attending the 3rd grade in the private school under
4this section a standardized reading test developed by the department.
AB40-ASA1,1019,55 2. Adopt the pupil academic standards required under s. 118.30 (1g) (a) 4.
AB40-ASA1,1019,66 2m. Develop a written policy governing visitors and visits to the private school.
AB40-ASA1,1019,107 3. Ensure that any teacher's aide employed by the private school has graduated
8from high school, been granted a declaration of equivalency of high school
9graduation, or been issued a general educational development certificate of high
10school equivalency.
AB40-ASA1,1019,1911 3m. Annually, schedule 2 meetings at which members of the governing body of
12the private school will be present and at which pupils, and the parents or guardians
13of pupils, applying to attend the private school or attending the private school may
14meet and communicate with the members of the governing body. The private school
15shall, within 30 days after the start of the school term, notify the department in
16writing of the scheduled meeting dates and shall, at least 30 days before the
17scheduled meeting date, notify in writing each pupil, or the parent or guardian of
18each minor pupil, applying to attend the private school or attending the private
19school of the meeting date, time, and place.
AB40-ASA1,1019,2220 4. Maintain progress records for each pupil attending the private school under
21this section while the pupil attends the school and, except as provided under subd.
227., for at least 5 years after the pupil ceases to attend the school.
AB40-ASA1,1019,2523 5. Upon request, provide a pupil or the parent or guardian of a minor pupil who
24is attending the private school under this section with a copy of the pupil's progress
25records.
AB40-ASA1,1020,3
16. Issue a high school diploma or certificate to each pupil who attends the
2private school under this section and satisfactorily completes the course of
3instruction and any other requirements necessary for high school graduation.
AB40-ASA1,1020,94 7. a. Except as provided in subd. 7. b., if the private school ceases operating as
5a private school, immediately transfer all of the progress records of the pupils who
6attended the school under this section to the school board of the Racine Unified
7School District. The private school shall send written notice to each pupil, or to the
8parent or guardian of a minor pupil, of the transfer of progress records under this
9subd. 7. a.
AB40-ASA1,1020,2210 b. If the private school is affiliated with an organization that will maintain the
11progress records of each pupil who attended the school under this section for at least
125 years after the private school ceases operation as a private school, the private
13school may transfer a pupil's records to the organization if the pupil, or the parent
14or guardian of a minor pupil, consents in writing to the release of the progress records
15to the affiliated organization. The private school shall send to the department a copy
16of the consent form for each pupil who consents to the transfer of progress records
17under this subd. 7. b. The written notice shall be signed by the pupil, or the parent
18or guardian of a minor pupil, and shall include the name, phone number, mailing
19address, and other relevant contact information of the organization that will
20maintain the progress records, and a declaration by the affiliated organization that
21the organization agrees to maintain the progress records for at least 5 years after the
22private school ceases operation as a private school.
AB40-ASA1,1021,223 (c) A private school may not require a pupil attending the private school under
24this section to participate in any religious activity if the pupil's parent or guardian

1submits to the pupil's teacher or the private school's principal a written request that
2the pupil be exempt from such activities.
AB40-ASA1,1021,83 (d) By September 1 before the first school term of participation in the program
4that begins in the 2011-12 school year, by August 1 before the first school term of
5participation in the program that begins in the 2012-13 school year or any school
6year thereafter, or by May 1 if the private school begins participating in the program
7during summer school, each private school participating in the program under this
8section shall submit to the department all of the following:
AB40-ASA1,1021,99 1. a. In this subdivision, "municipality" has the meaning given in s. 5.02 (11).
AB40-ASA1,1021,1610 b. A copy of the school's current certificate of occupancy issued by the
11municipality within which the school is located. If the private school moves to a new
12location, the private school shall submit a copy of the new certificate of occupancy
13issued by the municipality within which the school is located to the department
14before the attendance of pupils at the new location and before the next succeeding
15date specified in s. 121.05 (1) (a). A temporary certificate of occupancy does not meet
16the requirement of this subdivision.
AB40-ASA1,1021,1717 2. Evidence of financial viability, as prescribed by the department by rule.
AB40-ASA1,1021,1918 3. Proof that the private school's administrator has participated in a fiscal
19management training program approved by the department.
AB40-ASA1,1021,2320 (e) Each private school participating in the program under this section shall
21administer the examinations required under s. 118.30 (1t) to pupils attending the
22school under the program. The private school may administer additional
23standardized tests to such pupils.
AB40-ASA1,1022,524 (g) 1. By the first day of the 3rd month beginning after the month in which the
25department establishes the model management plan and practices for maintaining

1indoor environmental quality in public and private schools under s. 118.075 (3), or
2by October 1 of a private school's first school year of participation in the program
3under this section, whichever is later, the private school shall provide for the
4development of a plan for maintaining indoor environmental quality in the private
5school.
AB40-ASA1,1022,116 2. By the first day of the 12th month beginning after the month in which the
7department establishes the model management plan and practices for maintaining
8indoor environmental quality in public and private schools under s. 118.075 (3), or
9by the beginning of the 2nd school year of participation in the program under this
10section, whichever is later, the private school shall implement a plan for maintaining
11indoor environmental quality in the private school.
AB40-ASA1,1022,1312 3. Each private school participating in the program under this section shall
13provide a copy of the plan implemented under subd. 2. to any person upon request.
AB40-ASA1,1022,18 14(8) There is created a pupil assignment council composed of one representative
15from each private school participating in the program under this section. Annually
16by June 30, the council shall make recommendations to the participating private
17schools to achieve, to the extent possible, a balanced representation of pupils
18participating in the program under this section.
AB40-ASA1,1022,21 19(9) If any accrediting agency specified under sub. (2) (a) 7. determines during
20the accrediting or preaccrediting process that a private school does not meet all of the
21requirements under s. 118.165 (1), it shall report that failure to the department.
AB40-ASA1,1022,25 22(10) (a) The state superintendent may issue an order barring a private school
23from participating in the program under this section in the current school year if the
24state superintendent determines that the private school has done any of the
25following:
AB40-ASA1,1023,1
11. Misrepresented information required under sub. (7) (d).
AB40-ASA1,1023,42 2. Failed to provide the notice or pay the fee required under sub. (2) (a) 3., or
3provide the information required under sub. (7) (am) or (d), by the date or within the
4period specified.
AB40-ASA1,1023,65 3. Failed to refund to the state any overpayment made under sub. (4) (b) or (bg)
6or (4m) by the date specified by department rule.
AB40-ASA1,1023,87 4. Failed to meet at least one of the standards under sub. (7) (a) by the date
8specified by department rule.
AB40-ASA1,1023,99 5. Failed to provide the information required under sub. (6m).
AB40-ASA1,1023,1010 6. Failed to comply with the requirements under sub. (7) (b) or (c).
AB40-ASA1,1023,1111 7. Violated sub. (7) (b) 4., 5., or 6.
AB40-ASA1,1023,1412 (am) If the state superintendent determines that any of the following have
13occurred, he or she may issue an order barring the private school from participating
14in the program under this section in the following school year:
AB40-ASA1,1023,1615 2. The private school's application for accreditation has been denied by the
16accrediting organization.
AB40-ASA1,1023,1817 3. The private school has not achieved accreditation within the period allowed
18under sub. (2) (a) 7.
AB40-ASA1,1023,2219 (b) The state superintendent may issue an order immediately terminating a
20private school's participation in the program under this section if he or she
21determines that conditions at the private school present an imminent threat to the
22health or safety of pupils.
AB40-ASA1,1023,2523 (c) Whenever the state superintendent issues an order under par. (a), (am), or
24(b), he or she shall immediately notify the parent or guardian of each pupil attending
25the private school under this section.
AB40-ASA1,1024,2
1(d) The state superintendent may withhold payment from a private school
2under subs. (4) and (4m) if the private school violates this section.
AB40-ASA1,1024,3 3(11) The department shall do all of the following:
AB40-ASA1,1024,64 (a) Promulgate rules to implement and administer this section. The
5department may not by rule establish standards under sub. (7) (am) that exceed the
6standards established by the American Institute of Certified Public Accountants.
AB40-ASA1,1024,117 (b) Notify each private school participating in the program under this section
8of any proposed changes to the program or to administrative rules governing the
9program, including changes to application or filing deadlines but not including
10changes to provisions governing health or safety, prior to the beginning of the school
11year in which the change takes effect.
AB40-ASA1, s. 2532p 12Section 2532p. 118.62 of the statutes is created to read:
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