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2011 - 2012 LEGISLATURE
April 12, 2011 - Introduced by Representatives Honadel and Kapenga. Referred
to Committee on Education.
AB92,1,6 1An Act to repeal 119.23 (2) (b); to renumber and amend 119.23 (7) (d) 1.; to
2amend
119.23 (2) (a) (intro.), 119.23 (2) (a) 3. and 119.23 (10) (a) 2.; and to
3create
119.23 (2) (a) 3m. and 119.23 (7) (d) 1. a. of the statutes; relating to:
4eliminating the enrollment cap for the Milwaukee Parental Choice Program
5and extending the program to permit private schools located in Milwaukee
6County to participate.
Analysis by the Legislative Reference Bureau
Under current law, only private schools located in the city of Milwaukee may
participate in the Milwaukee Parental Choice Program (MPCP), and the number of
pupils who may enroll in private schools under the MPCP is limited to 22,500. This
bill eliminates the enrollment limit and provides that any private school located in
Milwaukee County may participate in the MPCP.
Currently, a private school that wishes to participate in the MPCP must notify
the Department of Public Instruction (DPI) of its intent to participate in the MPCP
by February 1 of the previous school year. This bill permits private schools located
in Milwaukee County and that wish to participate in the MPCP in the 2011-12 school
year to notify DPI of its intent to participate by August 1, 2011.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB92, s. 1 1Section 1. 119.23 (2) (a) (intro.) of the statutes is amended to read:
AB92,2,42 119.23 (2) (a) (intro.) Subject to par. (b), any Any pupil in grades kindergarten
3to 12 who resides within the city may attend, at no charge, any private school located
4in the city Milwaukee County if all of the following apply:
AB92, s. 2 5Section 2. 119.23 (2) (a) 3. of the statutes is amended to read:
AB92,2,146 119.23 (2) (a) 3. The Except as provided in subd. 3m., the private school notified
7the state superintendent of its intent to participate in the program under this
8section, and paid a nonrefundable fee set by the department, by February 1 of the
9previous school year. The notice shall specify the number of pupils participating in
10the program under this section for which the school has space. The department shall
11by rule set the fee charged under this subdivision at an amount such that the total
12fee revenue covers the costs of employing one full-time auditor to evaluate the
13financial information submitted by the private schools under sub. (7) (am) and (d) 2.
14and 3.
AB92, s. 3 15Section 3. 119.23 (2) (a) 3m. of the statutes is created to read:
AB92,2,2116 119.23 (2) (a) 3m. For a private school located in Milwaukee County that
17intends to participate in the program under this section in the 2011-12 school year,
18the private school notified the state superintendent of its intent to participate, and
19paid the nonrefundable fee, set by the department under subd. 3., by August 1, 2011.
20The notice shall specify the number of pupils participating in the program under this
21section for which the school has space.
AB92, s. 4
1Section 4. 119.23 (2) (b) of the statutes is repealed.
AB92, s. 5 2Section 5. 119.23 (7) (d) 1. of the statutes is renumbered 119.23 (7) (d) 1. b. and
3amended to read:
AB92,3,104 119.23 (7) (d) 1. b. A copy of the school's current certificate of occupancy issued
5by the city municipality within which the school is located. If the private school
6moves to a new location, the private school shall submit a copy of the new certificate
7of occupancy issued by the city municipality within which the school is located to the
8department before the attendance of pupils at the new location and before the next
9succeeding date specified in s. 121.05 (1) (a). A temporary certificate of occupancy
10does not meet the requirement of this subdivision.
AB92, s. 6 11Section 6. 119.23 (7) (d) 1. a. of the statutes is created to read:
AB92,3,1312 119.23 (7) (d) 1. a. In this subdivision, "municipality" has the meaning given
13in s. 5.02 (11).
AB92, s. 7 14Section 7. 119.23 (10) (a) 2. of the statutes is amended to read:
AB92,3,1715 119.23 (10) (a) 2. Failed to provide the notice or pay the fee required under sub.
16(2) (a) 3. or 3m., or provide the information required under sub. (7) (am) or (d), by the
17date or within the period specified.
AB92, s. 8 18Section 8. Initial applicability.
AB92,3,2119 (1) The treatment of section 119.23 (2) (a) (intro.) of the statutes, with respect
20to the location of a private school, first applies to pupils who participate in the
21Milwaukee parental choice program in the 2011-12 school year.
AB92,3,2522 (2) The treatment of section 119.23 (2) (a) (intro.) and (b) of the statutes, with
23respect to the number of pupils who may participate in the Milwaukee parental
24choice program, first applies to pupils who participate in the Milwaukee parental
25choice program in the 2011-12 school year.
AB92,4,4
1(3) The renumbering and amendment of section 119.23 (7) (d) 1. of the statutes
2and the creation of section 119.23 (7) (d) 1. a. of the statutes first apply to private
3schools participating in the Milwaukee parental choice program in the 2011-12
4school year.
AB92,4,55 (End)
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