Amendment ASA1-AB40

AB40-ASA1,1023,4 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.

AB40-ASA1,1023,6 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.

AB40-ASA1,1023,8 4. Failed to meet at least one of the standards under sub. (7) (a) by the date specified by department rule.

AB40-ASA1,1023,9 5. Failed to provide the information required under sub. (6m).

AB40-ASA1,1023,10 6. Failed to comply with the requirements under sub. (7) (b) or (c).

AB40-ASA1,1023,11 7. Violated sub. (7) (b) 4., 5., or 6.

AB40-ASA1,1023,14 (am) If the state superintendent determines that any of the following have occurred, he or she may issue an order barring the private school from participating in the program under this section in the following school year:

AB40-ASA1,1023,16 2. The private school's application for accreditation has been denied by the accrediting organization.

AB40-ASA1,1023,18 3. The private school has not achieved accreditation within the period allowed under sub. (2) (a) 7.

AB40-ASA1,1023,22 (b) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that conditions at the private school present an imminent threat to the health or safety of pupils.

AB40-ASA1,1023,25 (c) Whenever the state superintendent issues an order under par. (a), (am), or (b), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.

AB40-ASA1,1024,2 (d) The state superintendent may withhold payment from a private school under subs. (4) and (4m) if the private school violates this section.

AB40-ASA1,1024,3 (11) The department shall do all of the following:

AB40-ASA1,1024,6 (a) Promulgate rules to implement and administer this section. The department may not by rule establish standards under sub. (7) (am) that exceed the standards established by the American Institute of Certified Public Accountants.

AB40-ASA1,1024,11 (b) Notify each private school participating in the program under this section of any proposed changes to the program or to administrative rules governing the program, including changes to application or filing deadlines but not including changes to provisions governing health or safety, prior to the beginning of the school year in which the change takes effect.

AB40-ASA1, s. 2532p Section 2532p. 118.62 of the statutes is created to read:

AB40-ASA1,1024,14 118.62 Green Bay Parental Choice Program. (1) Definitions. In this section:

AB40-ASA1,1024,17 (a) "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.

AB40-ASA1,1024,18 (b) "Membership" has the meaning given in s. 121.004 (5).

AB40-ASA1,1024,23 (c) "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.

AB40-ASA1,1024,24 (d) "Progress records" has the meaning given in s. 118.125 (1) (c).

AB40-ASA1,1025,2 (e) "Summer average daily membership equivalent" has the meaning given in s. 121.004 (8).

AB40-ASA1,1025,8 (f) "Summer choice average daily membership equivalent" means the summer average daily membership equivalent of pupils who were attending a private school under this section on the 2nd Friday of January of the school term immediately preceding that summer or whose applications have been accepted under sub. (3) for attendance at the private school in the school term immediately following that summer.

AB40-ASA1,1025,10 (g) "Teacher" means a person who has primary responsibility for the academic instruction of pupils.

AB40-ASA1,1025,11 (1m) (a) In this subsection:

AB40-ASA1,1025,12 1. "Board" means the government accountability board.

AB40-ASA1,1025,14 2. "Circulator" has the meaning given for "qualified circulator" under s. 5.02 (16g).

AB40-ASA1,1025,19 (b) On or after September 1, 2011, an individual, committee, or group may file a registration statement with the board to initiate a petition to implement the Green Bay Parental Choice Program under this section. The registration statement shall include the name and mailing address of the individual who, or committee or group that, is initiating the petition.

AB40-ASA1,1026,13 (c) The individual, committee, or group may circulate the petition and shall file the petition with the board no later than 60 days after the date on which the registration statement is filed under par. (b). The certification of a circulator shall appear at the bottom of each petition filed with the board. The certification of the circulator shall include the name and mailing address of the individual who, or committee or group that, initiated the petition and shall state that he or she personally circulated the petition and personally obtained each of the signatures; he or she knows the signatures are of qualified electors, as defined under s. 6.02, of the Green Bay Area Public School District as the petition requires; he or she knows the signers signed the petition with full knowledge of its content; he or she knows the respective residences given for each signer; and he or she knows each signer signed on the date stated opposite his or her signature. The certification shall further state that he or she, the circulator, is a qualified elector of this state, or if not a qualified elector of this state, is a U.S. citizen age 18 or older who, if he or she were a resident of this state, would not be disqualified from voting under s. 6.03; that he or she intends to support the implementation of the program under this section; and that he or she is aware that falsifying the certification is punishable under s. 12.13 (3) (a). The circulator shall indicate the date that he or she makes the certification next to his or her signature.

AB40-ASA1,1026,23 (d) The board shall, within 31 days after a petition is filed under par. (c), review the signatures to determine whether any signatures or petition sheets may not be counted for the reasons provided in par. (e) or (f). If, after review, the board determines that the petition contains a number of signatures of qualified electors in the Green Bay Area Public School District equal to not less than 25 percent of the number of pupils enrolled in the Green Bay Area Public School District in the 2010-11 school year, the board shall certify that result to the department of public instruction. The department shall implement the program under this section in the first school year that begins after the date on which the board certifies the petition under this paragraph.

AB40-ASA1,1026,24 (e) An individual signature on a petition sheet may not be counted if:

AB40-ASA1,1026,25 1. The signature is not dated.

AB40-ASA1,1027,1 2. The signature is dated outside the circulation period.

AB40-ASA1,1027,3 3. The signature is dated after the date of the certification contained on the petition sheet.

AB40-ASA1,1027,5 4. The residency of the signer of the petition sheet cannot be determined by the address given.

AB40-ASA1,1027,7 5. The signature is that of an individual who is not a resident of the Green Bay Area School District.

AB40-ASA1,1027,9 6. The signer has been adjudicated not to be a qualified elector on grounds of incompetency or limited incompetency as provided in s. 6.03 (3).

AB40-ASA1,1027,10 7. The signer is not a qualified elector by reason of age.

AB40-ASA1,1027,12 8. The circulator knew or should have known that the signer, for any other reason, was not a qualified elector.

AB40-ASA1,1027,13 (f) No signature on the petition sheet may be counted if:

AB40-ASA1,1027,14 1. The circulator fails to sign his or her certification.

AB40-ASA1,1027,15 2. The circulator is not a qualified circulator.

AB40-ASA1,1027,19 (2) (a) After a petition is certified as provided under sub. (1m) (d), and subject to par. (b), any pupil in grades kindergarten to 12 who resides within the Green Bay Area Public School District may attend, at no charge, any private school if all of the following apply:

AB40-ASA1,1028,2 1. a. The pupil is a member of a family that has a total family income that does not exceed an amount equal to 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. In this subdivision and sub. (3m), family income includes income of the pupil's parents or legal guardians. The family income of the pupil shall be determined as provided in subd. 1. b. A pupil attending a private school under this section whose family income increases may continue to attend a private school under this section.

AB40-ASA1,1028,18 b. The private school submits to the department of revenue the names, addresses, social security numbers, and other state and federal tax identification numbers, if any, of the pupil's parents or legal guardians. The department of revenue shall review the information submitted under this subd. 1. b. and shall determine whether the pupil is eligible to participate in the program under this section on the basis of family income. Family income for a family in which the pupil's parents are married or in which the pupil's legal guardians are married shall be reduced by $7,000 before the determination is made under this subd. 1. b. The department of revenue may take no other action on the basis of the information submitted under this subd. 1. b. The department of public instruction may not request any additional verification of income from the family of a pupil once the department of revenue has determined whether the pupil is eligible to participate in the program under this section on the basis of family income. The department of public instruction shall establish a procedure for determining family income eligibility for those pupils for whom no social security number or state or federal tax identification number has been provided.

AB40-ASA1,1028,19 2. The pupil satisfies one or more of the following:

AB40-ASA1,1028,21 a. The pupil was enrolled in a public school in the Green Bay Area Public School District in the previous school year.

AB40-ASA1,1028,22 b. The pupil was not enrolled in school in the previous school year.

AB40-ASA1,1028,24 c. The pupil attended a private school under this section in the previous school year.

AB40-ASA1,1029,2 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-ASA1,1029,7 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-ASA1,1029,13 b. For a private school that intends to participate in the program under this section in the first school year that begins after a petition is certified under sub. (1m) (d), 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 February 1 of that school year. The notice shall specify the number of pupils participating in the program under this section for which the school has space.

AB40-ASA1,1029,14 4. The private school complies with 42 USC 2000d.

AB40-ASA1,1029,16 5. The private school meets all health and safety laws or codes that apply to public schools.

AB40-ASA1,1029,18 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-ASA1,1029,20 b. All of the private school's administrators have at least a bachelor's degree from an accredited institution of higher education.

AB40-ASA1,1030,9 c. Any teacher employed by the private school on July 1 of the first school year that begins after a petition is certified under sub. (1m) (d), who has been teaching for at least the 5 consecutive years immediately preceding that July 1, and who does not satisfy the requirements under subd. 6. a. on that July 1 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 of the 5th year that begins after a petition is certified under sub. (1m) (d).

AB40-ASA1,1031,9 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 August 1 before the first school term of participation in the program under this section that begins in the first school year that begins after a petition is certified under sub. (1m) (d) or by May 1 before the first summer class is offered by the private school 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-ASA1,1031,14 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-ASA1,1031,19 (b) 1. In the first school year that begins after a petition is certified under sub. (1m) (d), 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 immediately preceding school year.

AB40-ASA1,1031,23 2. In the 2nd school year that begins after a petition is certified under sub. (1m) (d), 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 school year described in subd. 1.

AB40-ASA1,1032,7 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-ASA1,1032,9 a. The private school shall give first priority to pupils who are attending a private school under this section.

AB40-ASA1,1032,11 b. The private school shall give 2nd priority to the siblings of pupils who are attending a private school under this section.

AB40-ASA1,1032,13 c. The private school shall give 3rd priority to pupils selected at random under a procedure established by the department by rule.

AB40-ASA1,1032,16 (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-ASA1,1032,19 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-ASA1,1033,5 (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-ASA1,1033,8 (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-ASA1,1033,12 (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-ASA1,1033,13 1. The pupil is enrolled in a grade from kindergarten to 8.

AB40-ASA1,1033,17 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-ASA1,1033,21 (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-ASA1,1033,22 1. The pupil is enrolled in a grade from 9 to 12.

AB40-ASA1,1033,25 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-ASA1,1034,5 (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-ASA1,1034,9 (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-ASA1,1034,14 (b) 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) (fn), an amount equal to the lesser of the following:

AB40-ASA1,1034,16 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-ASA1,1034,19 2. In the 2012-13 school year, the per pupil amount determined under s. 119.23 (4) (bg), and in any other school year, the per pupil amount determined under s. 119.23 (4) (b) 2.

AB40-ASA1,1034,25 (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-ASA1,1035,2 (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-ASA1,1035,4 1. Subtract only the following, up to the actual cost of the service or material related to each item:

AB40-ASA1,1035,5 a. Fees charged pupils for books and supplies used in classes and programs.

AB40-ASA1,1035,6 b. Rentals for school buildings.

AB40-ASA1,1035,7 c. Food service revenues.

AB40-ASA1,1035,8 d. Governmental financial assistance.

AB40-ASA1,1035,9 e. Interest and other income resulting from the investment of debt proceeds.

AB40-ASA1,1035,16 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.