Amendment ASA1-AB40

AB40-ASA1,1050,22 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-ASA1,1051,2 (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-ASA1,1051,3 1. The pupil is enrolled in a grade from 9 to 12.

AB40-ASA1,1051,6 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-ASA1,1051,11 (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, s. 2541m Section 2541m. 119.23 (4) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,1051,18 119.23 (4) (b) (intro.) 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 parent or guardian 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) (fu), an amount equal to the lesser of the following:

AB40-ASA1, s. 2542 Section 2542. 119.23 (4) (bg) of the statutes is amended to read:

AB40-ASA1,1052,2 119.23 (4) (bg) In the 2009-10 2011-12 and 2010-11 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) (fu), 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, s. 2542c Section 2542c. 119.23 (4) (c) of the statutes is amended to read:

AB40-ASA1,1052,13 119.23 (4) (c) The state superintendent shall pay 25% of the total amount under this subsection in September, 25% in November, 25% in February, and 25% in May. Each installment may consist of a single check for all pupils attending the private school under this section. The state superintendent may shall include the entire amount under sub. (4m) in one of those installments or apportion the entire amount among one or more of those installments. Except as provided in sub. (4r), the department shall send the check to the private school. Except as provided in sub. (4r), the parent or guardian shall restrictively endorse the check for the use of the private school the November installment, but the payment shall be made in a separate check from the payment under this subsection.

AB40-ASA1, s. 2542g Section 2542g. 119.23 (4) (d) of the statutes is created to read:

AB40-ASA1,1052,16 119.23 (4) (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-ASA1,1052,18 1. Subtract only the following, up to the actual cost of the service or material related to each item:

AB40-ASA1,1052,19 a. Fees charged pupils for books and supplies used in classes and programs.

AB40-ASA1,1052,20 b. Rentals for school buildings.

AB40-ASA1,1052,21 c. Food service revenues.

AB40-ASA1,1052,22 d. Governmental financial assistance.

AB40-ASA1,1052,23 e. Interest and other income resulting from the investment of debt proceeds.

AB40-ASA1,1053,5 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-ASA1,1053,9 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, s. 2542n Section 2542n. 119.23 (4m) of the statutes is renumbered 119.23 (4m) (intro.) and amended to read:

AB40-ASA1,1053,17 119.23 (4m) (intro.) In addition to the payment under sub. (4) the state superintendent shall pay to the parent or guardian of each pupil enrolled in a 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), an the amount determined by multiplying 40% of the payment under sub. (4) as follows:

AB40-ASA1,1053,20 (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, s. 2542r Section 2542r. 119.23 (4m) (a) and (b) of the statutes are created to read:

AB40-ASA1,1053,23 119.23 (4m) (a) Determine the private school's operating and debt service cost per pupil in summer school that is related to educational programming.

AB40-ASA1,1053,24 (b) Multiply the amount under par. (a) by 0.40.

AB40-ASA1, s. 2544w Section 2544w. 119.23 (7) (am) 1. and 2. of the statutes are amended to read:

AB40-ASA1,1054,11 119.23 (7) (am) 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-ASA1,1054,16 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, s. 2544x Section 2544x. 119.23 (7) (b) 8. of the statutes is repealed.

AB40-ASA1, s. 2545 Section 2545. 119.23 (7) (d) 1. of the statutes is renumbered 119.23 (7) (d) 1. b. and amended to read:

AB40-ASA1,1055,2 119.23 (7) (d) 1. b. A copy of the school's current certificate of occupancy issued by the city municipality within which the school is located. If the private school moves to a new location, the private school shall submit a copy of the new certificate of occupancy issued by the city municipality within which the school is located to the department before the attendance of pupils at the new location and before the next succeeding date specified in s. 121.05 (1) (a). A temporary certificate of occupancy does not meet the requirement of this subdivision.

AB40-ASA1, s. 2546 Section 2546. 119.23 (7) (d) 1. a. of the statutes is created to read:

AB40-ASA1,1055,5 119.23 (7) (d) 1. a. In this subdivision, "municipality" has the meaning given in s. 5.02 (11).

AB40-ASA1, s. 2549e Section 2549e. 119.23 (9) (a) of the statutes is renumbered 119.23 (9) and amended to read:

AB40-ASA1,1055,13 119.23 (9) If any accrediting agency specified under sub. (2) (a) 7. a. or b. determines during the accrediting or preaccrediting process that a private school does not meet all of the requirements under s. 118.165 (1), or if the Institute for the Transformation of Learning at Marquette University determines during the preaccreditation process that a private school does not meet all of the requirements under s. 118.165 (1), it shall report that failure to the department.

AB40-ASA1, s. 2549m Section 2549m. 119.23 (9) (b) of the statutes is repealed.

AB40-ASA1, s. 2549s Section 2549s. 119.23 (10) (a) 2. of the statutes is amended to read:

AB40-ASA1,1055,18 119.23 (10) (a) 2. Failed to provide the notice or pay the fee required under sub. (2) (a) 3. or 3m. b., or provide the information required under sub. (7) (am) or (d), by the date or within the period specified.

AB40-ASA1, s. 2549u Section 2549u. 119.23 (10) (d) of the statutes is amended to read:

AB40-ASA1,1055,22 119.23 (10) (d) The state superintendent may withhold payment from a parent or guardian private school under subs. (4) and (4m) if the private school attended by the child of the parent or guardian violates this section.

AB40-ASA1, s. 2550 Section 2550. 119.23 (11) of the statutes is renumbered 119.23 (11) (intro.) and amended to read:

AB40-ASA1,1055,25 119.23 (11) The department shall promulgate do all of the following:

AB40-ASA1,1056,3 (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, s. 2551 Section 2551. 119.23 (11) (b) of the statutes is created to read:

AB40-ASA1,1056,9 119.23 (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. 2552 Section 2552. 119.245 of the statutes is repealed.

AB40-ASA1, s. 2553 Section 2553. 119.495 (2) of the statutes is amended to read:

AB40-ASA1,1056,20 119.495 (2) The board shall include in its budget transmitted to the common council under s. 119.16 (8) (b) a written notice specifying the amount of borrowing to be authorized in the budget for the ensuing year. The common council shall issue the notes and levy a direct annual irrepealable tax sufficient to pay the principal and interest on the notes as they become due. The common council may issue the notes by private sale. The common council shall make every effort to involve a minority investment firm certified under s. 560.036 16.287 as managing underwriter of the notes or to engage a minority financial adviser certified under s. 560.036 16.287 to advise the city regarding any public sale of the notes.

AB40-ASA1, s. 2554 Section 2554. 119.496 (2) of the statutes is amended to read:

AB40-ASA1,1057,6 119.496 (2) The board shall include in its budget transmitted to the common council under s. 119.16 (8) (b) a written notice specifying the amount of borrowing to be authorized in the budget for the ensuing year. The common council shall issue the notes and levy a direct annual irrepealable tax sufficient to pay the principal and interest on the notes as they become due. The common council may issue the notes by private sale. The common council shall establish goals of involving minority investment firms certified under s. 560.036 16.287 as managing underwriters for at least 50% of the total amount financed by the notes and of engaging a minority financial adviser certified under s. 560.036 16.287 to advise the city regarding any public sale of the notes.

AB40-ASA1, s. 2571 Section 2571. 121.08 (4) (a) 1. of the statutes is amended to read:

AB40-ASA1,1057,11 121.08 (4) (a) 1. In the 2009-10 and 2010-11 school year, add Add the amounts paid under s. 118.40 (2r) in the current school year, and in the 2011-12 school year and each school year thereafter, add the amounts paid under s. 118.40 (2r) in the 2010-11 school year.

AB40-ASA1, s. 2571d Section 2571d. 121.08 (4) (a) 2. of the statutes is amended to read:

AB40-ASA1,1057,15 121.08 (4) (a) 2. Divide the sum under subd. 1. by the total amount of state aid that all school districts are eligible to be paid from the appropriation under s. 20.255 (2) (ac), calculated as if the reduction under par. (b), (bg), or (br) had not occurred.

AB40-ASA1, s. 2571h Section 2571h. 121.08 (4) (a) 3. of the statutes is amended to read:

AB40-ASA1,1057,20 121.08 (4) (a) 3. Multiply the amount of state aid that the school district is eligible to be paid from the appropriation under s. 20.255 (2) (ac), calculated as if the reduction under par. (b), (bg), or (br) had not occurred, by the quotient under subd. 2.

AB40-ASA1, s. 2571p Section 2571p. 121.08 (4) (bg) of the statutes is created to read:

AB40-ASA1,1058,2 121.08 (4) (bg) The amount of state aid that the Green Bay Area Public School District is eligible to be paid from the appropriation under s. 20.255 (2) (ac) shall also be reduced by the amount calculated by multiplying the amounts paid under s. 118.62 (4) and (4m) in the first school year that begins after a petition is certified under s. 118.62 (1m) (d) and in each school year thereafter by 38.4 percent.

AB40-ASA1, s. 2571q Section 2571q. 121.08 (4) (br) of the statutes is created to read:

AB40-ASA1,1058,8 121.08 (4) (br) The amount of state aid that the Racine Unified School District is eligible to be paid from the appropriation under s. 20.255 (2) (ac) shall also be reduced by the amount calculated by multiplying the amounts paid under s. 118.60 (4) and (4m) in the 2011-12 school year and in each school year thereafter by 38.4 percent.

AB40-ASA1, s. 2571t Section 2571t. 121.08 (4) (d) of the statutes is amended to read:

AB40-ASA1,1058,11 121.08 (4) (d) The state superintendent shall ensure that the total amount of aid reduction under pars. (a) and, (b) , (bg), and (br) lapses to the general fund.

AB40-ASA1, s. 2573g Section 2573g. 121.90 (2) (am) 5. of the statutes is created to read:

AB40-ASA1,1058,14 121.90 (2) (am) 5. Amounts received in the 2011-12 school year under 2011 Wisconsin Act .... (this act), section 9137 (3q).

AB40-ASA1, s. 2574a Section 2574a. 121.905 (1) of the statutes is amended to read:

AB40-ASA1,1058,18 121.905 (1) In this section, "revenue ceiling" means $9,000 in the 2009-10 2011-12 school year and in the 2010-11 2012-13 school year and $9,800 $9,100 in the 2013-14 school year and in any subsequent school year.

AB40-ASA1, s. 2575b Section 2575b. 121.905 (3) (c) 3r. of the statutes is amended to read:

AB40-ASA1,1058,21 121.905 (3) (c) 3r. For the limit for the 2011-12 school year, add $275 to multiply the result under par. (b) by 0.945.

AB40-ASA1, s. 2576b Section 2576b. 121.905 (3) (c) 4. of the statutes is amended to read:

AB40-ASA1,1058,24 121.905 (3) (c) 4. For the limit for the 2012-13 school year or for any school year thereafter, add the result under s. 121.91 (2m) (h) 2. $50 to the result under par. (b).

AB40-ASA1, s. 2576c Section 2576c. 121.905 (3) (c) 5. of the statutes is created to read:

AB40-ASA1,1059,2 121.905 (3) (c) 5. For the limit for the 2013-14 school year and any school year thereafter, make no adjustment to the result under par. (b).

AB40-ASA1, s. 2577 Section 2577. 121.91 (2m) (e) (intro.) of the statutes is amended to read:

AB40-ASA1,1059,6 121.91 (2m) (e) (intro.) Except as provided in subs. (3), and (4), and (8), no school district may increase its revenues for the 2008-09 school year to an amount that exceeds the amount calculated as follows:

AB40-ASA1, s. 2578 Section 2578. 121.91 (2m) (f) (intro.) of the statutes is amended to read:

AB40-ASA1,1059,10 121.91 (2m) (f) (intro.) Except as provided in subs. (3), and (4), and (8), no school district may increase its revenues for the 2009-10 school year or for the 2010-11 school year to an amount that exceeds the amount calculated as follows:

AB40-ASA1, s. 2579 Section 2579. 121.91 (2m) (g) (intro.) of the statutes is amended to read:

AB40-ASA1,1059,14 121.91 (2m) (g) (intro.) Except as provided in subs. (3), and (4), and (8), no school district may increase its revenues for the 2011-12 school year to an amount that exceeds the amount calculated as follows:

AB40-ASA1, s. 2580 Section 2580. 121.91 (2m) (g) 2. of the statutes is repealed.

AB40-ASA1, s. 2581 Section 2581. 121.91 (2m) (g) 3. of the statutes is amended to read:

AB40-ASA1,1059,18 121.91 (2m) (g) 3. Multiply the result under subd. 2. 1. by the average of the number of pupils enrolled in the current and the 2 preceding school years.

AB40-ASA1, s. 2582 Section 2582. 121.91 (2m) (g) 4. of the statutes is created to read:

AB40-ASA1,1059,20 121.91 (2m) (g) 4. Multiply the result under subd. 3. by 0.055.

AB40-ASA1, s. 2583 Section 2583. 121.91 (2m) (g) 5. of the statutes is created to read:

AB40-ASA1,1059,23 121.91 (2m) (g) 5. Subtract the product under subd. 4. from the result under subd. 3.

AB40-ASA1, s. 2584 Section 2584. 121.91 (2m) (h) (intro.) of the statutes is amended to read:

AB40-ASA1,1060,3 121.91 (2m) (h) (intro.) Except as provided in subs. (3), and (4), and (8), no school district may increase its revenues for the 2012-13 school year or for any school year thereafter to an amount that exceeds the amount calculated as follows: