AB40-ASA1,1034,9 6(4) (a) Annually, on or before October 15, a private school participating in the
7program under this section shall file with the department a report stating its
8summer average daily membership equivalent and its summer choice average daily
9membership equivalent for the purpose of sub. (4m).
AB40-ASA1,1034,1410 (b) Upon receipt from the pupil's parent or guardian of proof of the pupil's
11enrollment in the private school during a school term, the state superintendent shall
12pay to the private school in which the pupil is enrolled on behalf of the pupil's parent
13or guardian, from the appropriation under s. 20.255 (2) (fn), an amount equal to the
14lesser of the following:
AB40-ASA1,1034,1615 1. The amount equal to the private school's operating and debt service cost per
16pupil that is related to educational programming, as determined by the department.
AB40-ASA1,1034,1917 2. In the 2012-13 school year, the per pupil amount determined under s. 119.23
18(4) (bg), and in any other school year, the per pupil amount determined under s.
19119.23 (4) (b) 2.
AB40-ASA1,1034,2520 (c) The state superintendent shall pay 25 percent of the total amount under this
21subsection in September, 25 percent in November, 25 percent in February, and 25
22percent in May. Each installment may consist of a single check for all pupils
23attending the private school under this section. The state superintendent shall
24include the entire amount under sub. (4m) in the November installment, but the
25payment shall be made in a separate check from the payment under this subsection.
AB40-ASA1,1035,2
1(d) In determining a private school's operating and debt service cost per pupil
2under par. (b) 1. and (4m) (a), the department shall do all of the following:
AB40-ASA1,1035,43 1. Subtract only the following, up to the actual cost of the service or material
4related to each item:
AB40-ASA1,1035,55 a. Fees charged pupils for books and supplies used in classes and programs.
AB40-ASA1,1035,66 b. Rentals for school buildings.
AB40-ASA1,1035,77 c. Food service revenues.
AB40-ASA1,1035,88 d. Governmental financial assistance.
AB40-ASA1,1035,99 e. Interest and other income resulting from the investment of debt proceeds.
AB40-ASA1,1035,1610 2. If legal title to the private school's buildings and premises is held in the name
11of the private school's parent organization or other related party, there is no other
12mechanism to include the private school's facilities costs in the calculation of its
13operating and debt service cost, and the private school requests that the department
14do so, include an amount equal to 10.5 percent of the fair market value of the school
15and its premises. A request made by a private school under this subdivision remains
16effective in subsequent school years and may not be withdrawn by the private school.
AB40-ASA1,1035,2017 3. If immediately prior to the effective date of this subdivision .... [LRB inserts
18date], a private school's operating and debt service costs, as determined by the
19department, included the amount described in subd. 2., continue to include the
20amount described in subd. 2. in subsequent school years.
AB40-ASA1,1035,24 21(4m) In addition to the payment under sub. (4) the state superintendent shall
22pay to each private school participating in the program under this section, on behalf
23of the parent or guardian of each pupil attending the private school under this
24section, in the manner described in sub. (4) (c), the amount determined as follows:
AB40-ASA1,1036,2
1(a) Determine the private school's operating and debt service cost per pupil in
2summer school that is related to educational programming.
AB40-ASA1,1036,33 (b) Multiply the amount under par. (a) by 0.40.
AB40-ASA1,1036,64 (c) Multiply the product under par. (b) by the quotient determined by dividing
5the summer choice average daily membership equivalent of the private school by the
6total number of pupils for whom payments are being made under sub. (4).
AB40-ASA1,1036,13 7(4r) If, after the 3rd Friday in September in any school year, a private school
8participating in the program under this section closes, for each installment under
9sub. (4) (c) that was not paid to the private school in that school year, the state
10superintendent shall pay to the board, from the appropriation under s. 20.255 (2) (fv),
11the amount determined, for each pupil who had been attending the private school
12under this section in that school year and who enrolls in the school district operating
13under this chapter in that school year, as follows:
AB40-ASA1,1036,1414 (a) Multiply the amount determined under sub. (4) (b) by 0.616.
AB40-ASA1,1036,1515 (b) Multiply the product under par. (a) by 0.25.
AB40-ASA1,1036,19 16(5) The state superintendent shall ensure that pupils and parents and
17guardians of pupils who reside in the Green Bay Area Public School District are
18informed annually of the private schools participating in the program under this
19section.
AB40-ASA1,1036,23 20(6) The school board of the Green Bay Area Public School District shall provide
21transportation to pupils attending a private school under this section if required
22under s. 121.54 and may claim transportation aid under s. 121.58 for pupils so
23transported.
AB40-ASA1,1036,25 24(6m) Each private school participating in the program under this section shall
25do all of the following:
AB40-ASA1,1037,2
1(a) Provide to each pupil, or the parent or guardian of each minor pupil, who
2applies to attend the private school all of the following:
AB40-ASA1,1037,43 1. The name, address, and telephone number of the private school and the
4name of one or more contact persons at the school.
AB40-ASA1,1037,65 2. A list of the names of the members of the private school's governing body and
6of the private school's shareholders, if any.
AB40-ASA1,1037,117 3. A notice stating whether the private school is an organization operated for
8profit or not for profit. If the private school is a nonprofit organization, the private
9school shall also provide the applicant with a copy of the certificate issued under
10section 501 (c) (3) of the Internal Revenue Code verifying that the private school is
11a nonprofit organization that is exempt from federal income tax.
AB40-ASA1,1037,1212 4. A copy of the appeals process used if the private school rejects the applicant.
AB40-ASA1,1037,1313 5. A copy of the policy developed by the private school under s. 118.33 (1) (f) 2g.
AB40-ASA1,1037,1514 6. A copy of the nonharassment policy used by the private school, together with
15the procedures for reporting and obtaining relief from harassment.
AB40-ASA1,1037,1716 7. A copy of the suspension and expulsion policies and procedures, including
17procedures for appealing a suspension or expulsion, used by the private school.
AB40-ASA1,1037,2018 8. A copy of the policy used by the private school for accepting or denying the
19transfer of credits earned by a pupil attending the private school under this section
20for the satisfactory completion of coursework at another school.
AB40-ASA1,1037,2221 9. A copy of the policy governing visitors and visits to the private school,
22developed as required under sub. (7) (b) 2m.
AB40-ASA1,1037,2423 (b) Annually, by August 1st, provide to the department the material specified
24in par. (a) and all of the following information:
AB40-ASA1,1038,2
11. The number of pupils attending the private school under this section in the
2previous school year.
AB40-ASA1,1038,43 2. The number of pupils attending the private school other than under this
4section in the previous school year.
AB40-ASA1,1038,65 3. For each of the previous 5 school years in which the private school has
6participated in the program under this section, all of the following information:
AB40-ASA1,1038,97 a. The number of pupils who attended the private school under this section and
8other than under this section in the 12th grade and the number of those pupils who
9graduated from the private school.
AB40-ASA1,1038,1210 b. The number of pupils who attended the private school under this section and
11other than under this section in the 8th grade and the number of those pupils who
12advanced from grade 8 to grade 9.
AB40-ASA1,1038,1513 c. The number of pupils who attended the private school under this section and
14other than under this section in the 4th grade and the number of those pupils who
15advanced from grade 4 to grade 5.
AB40-ASA1,1038,1716d. To the extent permitted under 20 USC 1232g and 43 CFR part 99, pupil
17scores on all standardized tests administered under sub. (7) (e).
AB40-ASA1,1038,1818 4. A copy of the academic standards adopted under sub. (7) (b) 2.
AB40-ASA1,1038,2119 (c) Provide to the department a signed statement from each individual who is
20a member of the private school's governing body verifying that the individual is a
21member of the governing body.
AB40-ASA1,1038,2422 (d) Upon request by any pupil, or the parent or guardian of any minor pupil,
23who is attending or who applies to attend the private school, provide the material
24specified in pars. (a) and (b).
AB40-ASA1,1039,2
1(7) (a) Each private school participating in the program under this section shall
2meet at least one of the following standards:
AB40-ASA1,1039,43 1. At least 70 percent of the pupils in the program advance one grade level each
4year.
AB40-ASA1,1039,65 2. The private school's average attendance rate for the pupils in the program
6is at least 90 percent.
AB40-ASA1,1039,87 3. At least 80 percent of the pupils in the program demonstrate significant
8academic progress.
AB40-ASA1,1039,109 4. At least 70 percent of the families of pupils in the program meet parent
10involvement criteria established by the private school.
AB40-ASA1,1039,1511 (am) Each private school participating in the program under this section is
12subject to uniform financial accounting standards established by the department.
13Annually by September 1 following a school year in which a private school
14participated in the program under this section, the private school shall submit to the
15department all of the following:
AB40-ASA1,1040,216 1. An independent financial audit of the private school conducted by an
17independent certified public accountant, accompanied by the auditor's statement
18that the report is free of material misstatements and fairly presents pupil costs
19under sub. (4) (b) 1. The audit under this subdivision shall be limited in scope to those
20records that are necessary for the department to make payments under subs. (4) and
21(4m). The auditor shall conduct his or her audit, including determining sample sizes
22and evaluating financial viability, in accordance with the auditing standards
23established by the American Institute of Certified Public Accountants. The
24department may not require an auditor to comply with standards that exceed the

1scope of the standards established by the American Institute of Certified Public
2Accountants.
AB40-ASA1,1040,73 2. Evidence of sound fiscal and internal control practices, as prescribed by the
4department by rule. An auditor engaged to evaluate the private school's fiscal and
5internal control practices shall conduct his or her evaluation, including determining
6sample sizes, in accordance with attestation standards established by the American
7Institute of Certified Public Accountants.
AB40-ASA1,1040,98 (b) Each private school participating in the program under this section shall
9do all of the following:
AB40-ASA1,1040,1110 1. Administer to any pupils attending the 3rd grade in the private school under
11this section a standardized reading test developed by the department.
AB40-ASA1,1040,1212 2. Adopt the pupil academic standards required under s. 118.30 (1g) (a) 5.
AB40-ASA1,1040,1313 2m. Develop a written policy governing visitors and visits to the private school.
AB40-ASA1,1040,1714 3. Ensure that any teacher's aide employed by the private school has graduated
15from high school, been granted a declaration of equivalency of high school
16graduation, or been issued a general educational development certificate of high
17school equivalency.
AB40-ASA1,1041,218 3m. Annually, schedule 2 meetings at which members of the governing body of
19the private school will be present and at which pupils, and the parents or guardians
20of pupils, applying to attend the private school or attending the private school may
21meet and communicate with the members of the governing body. The private school
22shall, within 30 days after the start of the school term, notify the department in
23writing of the scheduled meeting dates and shall, at least 30 days before the
24scheduled meeting date, notify in writing each pupil, or the parent or guardian of

1each minor pupil, applying to attend the private school or attending the private
2school of the meeting date, time, and place.
AB40-ASA1,1041,53 4. Maintain progress records for each pupil attending the private school under
4this section while the pupil attends the school and, except as provided under subd.
57., for at least 5 years after the pupil ceases to attend the school.
AB40-ASA1,1041,86 5. Upon request, provide a pupil or the parent or guardian of a minor pupil who
7is attending the private school under this section with a copy of the pupil's progress
8records.
AB40-ASA1,1041,119 6. Issue a high school diploma or certificate to each pupil who attends the
10private school under this section and satisfactorily completes the course of
11instruction and any other requirements necessary for high school graduation.
AB40-ASA1,1041,1712 7. a. Except as provided in subd. 7. b., if the private school ceases operating as
13a private school, immediately transfer all of the progress records of the pupils who
14attended the school under this section to the school board of the Green Bay Area
15Public School District. The private school shall send written notice to each pupil, or
16to the parent or guardian of a minor pupil, of the transfer of progress records under
17this subd. 7. a.
AB40-ASA1,1042,518 b. If the private school is affiliated with an organization that will maintain the
19progress records of each pupil who attended the school under this section for at least
205 years after the private school ceases operation as a private school, the private
21school may transfer a pupil's records to the organization if the pupil, or the parent
22or guardian of a minor pupil, consents in writing to the release of the progress records
23to the affiliated organization. The private school shall send to the department a copy
24of the consent form for each pupil who consents to the transfer of progress records
25under this subd. 7. b. The written notice shall be signed by the pupil, or the parent

1or guardian of a minor pupil, and shall include the name, phone number, mailing
2address, and other relevant contact information of the organization that will
3maintain the progress records, and a declaration by the affiliated organization that
4the organization agrees to maintain the progress records for at least 5 years after the
5private school ceases operation as a private school.
AB40-ASA1,1042,96 (c) A private school may not require a pupil attending the private school under
7this section to participate in any religious activity if the pupil's parent or guardian
8submits to the pupil's teacher or the private school's principal a written request that
9the pupil be exempt from such activities.
AB40-ASA1,1042,1310 (d) By August 1 before the first school term of participation in the program, or
11by May 1 if the private school begins participating in the program during summer
12school, each private school participating in the program under this section shall
13submit to the department all of the following:
AB40-ASA1,1042,1414 1. a. In this subdivision, "municipality" has the meaning given in s. 5.02 (11).
AB40-ASA1,1042,2115 b. A copy of the school's current certificate of occupancy issued by the
16municipality within which the school is located. If the private school moves to a new
17location, the private school shall submit a copy of the new certificate of occupancy
18issued by the municipality within which the school is located to the department
19before the attendance of pupils at the new location and before the next succeeding
20date specified in s. 121.05 (1) (a). A temporary certificate of occupancy does not meet
21the requirement of this subdivision.
AB40-ASA1,1042,2222 2. Evidence of financial viability, as prescribed by the department by rule.
AB40-ASA1,1042,2423 3. Proof that the private school's administrator has participated in a fiscal
24management training program approved by the department.
AB40-ASA1,1043,4
1(e) Each private school participating in the program under this section shall
2administer the examinations required under s. 118.30 (1v) to pupils attending the
3school under the program. The private school may administer additional
4standardized tests to such pupils.
AB40-ASA1,1043,115 (g) 1. By the first day of the 3rd month beginning after the month in which the
6department establishes the model management plan and practices for maintaining
7indoor environmental quality in public and private schools under s. 118.075 (3), or
8by October 1 of a private school's first school year of participation in the program
9under this section, whichever is later, the private school shall provide for the
10development of a plan for maintaining indoor environmental quality in the private
11school.
AB40-ASA1,1043,1712 2. By the first day of the 12th month beginning after the month in which the
13department establishes the model management plan and practices for maintaining
14indoor environmental quality in public and private schools under s. 118.075 (3), or
15by the beginning of the 2nd school year of participation in the program under this
16section, whichever is later, the private school shall implement a plan for maintaining
17indoor environmental quality in the private school.
AB40-ASA1,1043,1918 3. Each private school participating in the program under this section shall
19provide a copy of the plan implemented under subd. 2. to any person upon request.
AB40-ASA1,1043,24 20(8) There is created a pupil assignment council composed of one representative
21from each private school participating in the program under this section. Annually
22by June 30, the council shall make recommendations to the participating private
23schools to achieve, to the extent possible, a balanced representation of pupils
24participating in the program under this section.
AB40-ASA1,1044,3
1(9) If any accrediting agency specified under sub. (2) (a) 7. determines during
2the accrediting or preaccrediting process that a private school does not meet all of the
3requirements under s. 118.165 (1), it shall report that failure to the department.
AB40-ASA1,1044,7 4(10) (a) The state superintendent may issue an order barring a private school
5from participating in the program under this section in the current school year if the
6state superintendent determines that the private school has done any of the
7following:
AB40-ASA1,1044,88 1. Misrepresented information required under sub. (7) (d).
AB40-ASA1,1044,119 2. Failed to provide the notice or pay the fee required under sub. (2) (a) 3., or
10provide the information required under sub. (7) (am) or (d), by the date or within the
11period specified.
AB40-ASA1,1044,1312 3. Failed to refund to the state any overpayment made under sub. (4) (b) or (4m)
13by the date specified by department rule.
AB40-ASA1,1044,1514 4. Failed to meet at least one of the standards under sub. (7) (a) by the date
15specified by department rule.
AB40-ASA1,1044,1616 5. Failed to provide the information required under sub. (6m).
AB40-ASA1,1044,1717 6. Failed to comply with the requirements under sub. (7) (b) or (c).
AB40-ASA1,1044,1818 7. Violated sub. (7) (b) 4., 5., or 6.
AB40-ASA1,1044,2119 (am) If the state superintendent determines that any of the following have
20occurred, he or she may issue an order barring the private school from participating
21in the program under this section in the following school year:
AB40-ASA1,1044,2322 2. The private school's application for accreditation has been denied by the
23accrediting organization.
AB40-ASA1,1044,2524 3. The private school has not achieved accreditation within the period allowed
25under sub. (2) (a) 7.
AB40-ASA1,1045,4
1(b) The state superintendent may issue an order immediately terminating a
2private school's participation in the program under this section if he or she
3determines that conditions at the private school present an imminent threat to the
4health or safety of pupils.
AB40-ASA1,1045,75 (c) Whenever the state superintendent issues an order under par. (a), (am), or
6(b), he or she shall immediately notify the parent or guardian of each pupil attending
7the private school under this section.
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