LRB-3117/1
TKK:wlj&cjs&jld:rs
2011 - 2012 LEGISLATURE
October 13, 2011 - Introduced by Senators Vukmir, Darling and Olsen,
cosponsored by Representatives
Fields, E. Coggs, Kestell, Young and Vos.
Referred to Committee on Education.
SB234,2,2
1An Act to amend 118.60 (2) (a) 1. a., 118.60 (2) (a) 1. b., 118.60 (2) (a) 7., 118.60
2(3) (b), 118.60 (3m) (a) (intro.), 118.60 (3m) (b) (intro.), 118.60 (3m) (c), 118.60
3(7) (d) 1. b., 119.23 (2) (a) 1. a., 119.23 (2) (a) 1. a., 119.23 (2) (a) 1. b., 119.23 (2)
4(a) 7. a., 119.23 (2) (a) 7. b., 119.23 (3) (b), 119.23 (3m) (a) (intro.), 119.23 (3m)
5(b) (intro.), 119.23 (3m) (c), 119.23 (7) (d) 1. b. and 119.23 (9); and
to create
6118.60 (1) (ag), 118.60 (3m) (am), 118.60 (10) (a) 8., 119.23 (1) (ag), 119.23 (2) (a)
77. d., 119.23 (3m) (am) and 119.23 (10) (a) 8. of the statutes;
relating to:
8preaccreditation and accreditation of private schools participating in the
9Milwaukee Parental Choice Program and the choice program for eligible school
10districts, certificates of occupancy for participating private school buildings,
11verification of income eligibility for pupils to participate in the programs, fees
1and tuition charged to pupils attending participating private schools, and
2standards of conduct for administrators of participating private schools.
Analysis by the Legislative Reference Bureau
Under the Milwaukee Parental Choice Program (MPCP), the state pays all or
a portion of the costs for an eligible pupil who resides within the city of Milwaukee
to attend a participating private school. A pupil is eligible to participate in the MPCP
if, among other requirements, the total family income of the pupil does not exceed
300 percent of the federal poverty level.
2011 Wisconsin Act 32 (the biennial budget
act), created a parental choice program for eligible school districts (program). Under
the program, the state pays all or a portion of the costs for an eligible pupil who
resides within the eligible school district to attend a participating private school. A
pupil is eligible to participate in the program if, among other requirements, the total
family income of the pupil does not exceed 300 percent of the federal poverty level.
Current law requires a private school participating in the MPCP or the program
to submit the names, social security numbers, and addresses of the applicant pupil's
parents or legal guardians to the Department of Public Instruction (DPI). DPI must
then forward this information to the Department of Revenue (DOR), which must
determine whether the pupil is eligible to participate in the MPCP or the program
on the basis of family income. This bill requires the private school to provide the
names of the parents or legal guardians residing in the same household as the pupil
and whether the parents or legal guardians are married. The bill defines family
income as federal adjusted gross income of the parents or legal guardians residing
in the same household as the pupil for the tax year preceding the school year for
which family income is being verified or, if not available, for the tax year preceding
the tax year preceding the school year for which family income is being verified. The
bill clarifies that DOR does not make a determination about the pupil's eligibility to
participate in the program on the basis of family income, but verifies whether the
pupil is eligible to participate on the basis of family income. If DOR is unable to verify
the pupil's eligibility, DOR must notify DPI, which must utilize an alternative
process to determine whether the pupil is eligible.
Under current law, a private school participating in the MPCP or the program
may only reject an applicant who is eligible to participate in the MPCP or the
program if the school has too few available spaces. This bill provides that a pupil
whose eligibility to participate in the program on the basis of family income has been
verified by the DOR or by DPI but who is rejected because there are too few spaces
may be admitted to a participating private school in the following school year as long
as the pupil continues to reside in the city of Milwaukee or an eligible school district.
The bill also provides that DPI may not require verification in that following school
year of the pupil's eligibility to participate on the basis of family income.
Under current law, a private school located in the city of Milwaukee may
participate in the MPCP if it complies with certain requirements; among the
requirements, the private school must obtain accreditation from an approved
accrediting organization by December 31 of the third school year following the first
school year in which the private school participated in the MPCP. Similarly, a private
school located in an eligible school district may participate in the program if it
complies with certain requirements, including the same accreditation requirement.
Approved accrediting organizations include the archdiocese within which the
private school is located, Independent Schools Association of the Central States, and
Wisconsin Religious and Independent Schools Accreditation. A private school that
was participating in the MPCP on July 1, 2009, is considered to be accredited if it was
approved for scholarship funding for the 2005-06 school year by Partners Advancing
Values in Education (PAVE). For a private school that is a first-time participant in
the MPCP or the program and that is not yet accredited by an approved accrediting
organization, the private school must be preaccredited by an approved accrediting
organization, including Independent Schools Association of the Central States,
Wisconsin Religious and Independent Schools Accreditation, and any other
organization recognized by the National Council for Private School Accreditation by
August 1 before the first term of participation in the MPCP or by September 1 before
the first term of participation in the program.
Under the bill, a private school participating in the MPCP that was approved
for scholarship funding for the 2005-06 school year by PAVE and that is participating
in the MPCP on the bill's effective date must achieve accreditation by December 31,
2015. This bill withdraws preaccreditation approval under both the MPCP and the
program from organizations recognized by the National Council for Private School
Accreditation. The bill identifies Wisconsin Evangelical Lutheran Synod School
Accreditation and National Lutheran School Accreditation and the diocese within
which the private school is located as approved accrediting and preaccrediting
organizations under both the MPCP and the program.
Under current law, the state superintendent of public instruction may bar a
private school from participating in the MPCP or in the program for certain specified
reasons, including if the private school fails to comply with standards established for
participating schools or if conditions at the private school present an imminent
threat to the heath or safety of pupils.
This bill requires the state superintendent to terminate the participation of a
private school in the MPCP or in the program if the private school retains, whether
for compensation or on a voluntary basis, a disqualified person before the end of a
seven-year period following the issuance of an order barring a private school from
participating in the MPCP. The bill defines a "disqualified person" as all of the
following: 1) a person who had a controlling ownership interest in, or was the
administrator or an officer, director, or trustee, of, a private school at the time that
the state superintendent issued an order barring the private school from
participating in the MPCP or in the program; 2) a person who was designated by the
administrator of the private school to assist in processing applications at the time
that the state superintendent issued an order barring the private school from
participating in the MPCP or in the program; and 3) a person who was responsible
for the action or circumstance leading to a private school being barred from
participation in the MPCP or in the program.
Current law prohibits a private school participating in the MPCP or the
program from charging or receiving any additional payment for a pupil attending the
school under the MPCP or the program if the pupil is enrolled in grade kindergarten
to 8 or if the pupil is enrolled in grade 9 to 12 and the family income of the pupil 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. Current law permits a participating private school to charge tuition and
fees, in an amount to be determined by the private school, to a pupil in grade 9 to 12
provided the family income of the pupil exceeds 2.2 times the poverty level
determined in accordance with criteria established by the director of the federal
office of management and budget.
Beginning in the 2011-12 school year, this bill permits a private school
participating in the MPCP or the program to recover the cost of providing the
following to a pupil participating in the program under this section through
reasonable fees in an amount determined by the private school and charged to the
pupil, regardless of the family income of the pupil: a) personal use items such as
uniforms and gym clothes; b) social and extracurricular activities that are not
necessary to the private school's curriculum; c) musical instruments; d) meals; e)
high school classes that are not required for graduation and for which no credits
toward graduation are given; f) transportation; g) before-school and after-school
child care. The bill prohibits the private school from recovering uncollected costs
incurred prior to the effective date of the bill. The bill also prohibits the private
school from expelling or preventing the pupil from attending the school or otherwise
disciplining a pupil attending the school under the program, or withholding or
reducing the pupil's grades because the pupil cannot pay any such fee imposed upon
the pupil.
Current law requires a private school participating in the MPCP to submit a
copy of the school's current certificate of occupancy, issued by the municipality within
which the school is located, to DPI by August1 before the first term of participation
in the MPCP. Current law requires a private school participating in the program to
submit a copy of the school's current certificate of occupancy, issued by the
municipality within which the school is located, to DPI by September 1 before the
first term of participation in the Program. This bill provides that, if a municipality
within which the private school is located does not issue certificates of occupancy, the
private school may submit a certificate of occupancy issued by the local or regional
governmental unit with authority to issue certificates of occupancy.
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:
SB234, s. 1
1Section
1. 118.60 (1) (ag) of the statutes is created to read:
SB234,5,3
1118.60
(1) (ag) "Disqualified person" means a person who, when a private
2school was barred or terminated from participation in the program under this section
3by an order issued under sub. (10), satisfied at least one of the following:
SB234,5,54
1. Had a controlling ownership interest in, or was the administrator or an
5officer, director, or trustee of, the private school.
SB234,5,76
2. Was a person designated by the administrator of the private school to assist
7in processing pupil applications.
SB234,5,98
3. Was responsible for an action or circumstance that led to the private school
9being barred or terminated from participation in the program under this section.
SB234,5,1912
118.60
(2) (a) 1. a. The pupil is a member of a family that has a total family
13income that does not exceed an amount equal to 3.0 times the poverty level
14determined in accordance with criteria established by the director of the federal
15office of management and budget. In this subdivision and sub. (3m), family income
16includes income of the pupil's parents or legal guardians. The family income of the
17pupil shall be
determined verified as provided in subd. 1. b. A pupil attending a
18private school under this section whose family income increases may continue to
19attend a private school under this section.
SB234,7,422
118.60
(2) (a) 1. b. The private school submits to the department the names,
23addresses, social security numbers, and other state and federal tax identification
24numbers, if any, of the pupil's parents or legal guardians
that reside in the same
25household as the pupil, whether and to whom the parents or legal guardians are
1married, the names of all of the other members of the pupil's family residing in the
2same household as the pupil, and the school year for which family income is being
3verified under this subd. 1. b. The department of revenue shall review the
4information submitted under this subd. 1. b. and shall
determine whether the pupil
5is eligible to participate in the program under this section on the basis of family
6income verify the eligibility or ineligibility of the pupil to participate in the program
7under this section on the basis of family income. In this subdivision, "family income"
8means federal adjusted gross income of the parents or legal guardians residing in the
9same household as the pupil for the tax year preceding the school year for which
10family income is being verified under this subd. 1. b. or, if not available, for the tax
11year preceding the tax year preceding the school year for which family income is
12being ascertain under this subd. 1. b. Family income for a family in which the pupil's
13parents are married or in which the pupil's legal guardians are married shall be
14reduced by $7,000 before the
determination verification is made under this subd. 1.
15b. The department of revenue may take no other action on the basis of the
16information submitted under this subd. 1. b.
If the department of revenue is unable
17to verify family income or to ascertain whether the pupil is eligible or ineligible to
18participate in the program under this section on the basis of family income, the
19department of revenue shall notify the department of public instruction of this fact
20and the department of public instruction shall utilize an alternative process, to be
21established by the department of public instruction, to determine whether the pupil
22is eligible to participate in the program under this section on the basis of family
23income. The department
of public instruction may not request any additional
24verification of income from the family of a pupil once the department of revenue has
25determined whether verified that the pupil is eligible to participate in the program
1under this section on the basis of family income. The department
of public
2instruction shall establish a procedure for determining family income eligibility for
3those pupils for whom no social security number or state or federal tax identification
4number has been provided.
SB234,8,117
118.60
(2) (a) 7. For a private school that is a first-time participant in the
8program under this section, and that is not accredited by
the Wisconsin North
9Central Association,
the Wisconsin Religious and Independent School Accreditation,
10the Independent Schools Association of the Central States,
Wisconsin Evangelical
11Lutheran Synod School Accreditation, National Lutheran School Accreditation, the
12diocese or archdiocese within which the private school is located, or by any other
13organization recognized by the National Council for Private Schools Accreditation,
14the private school obtains preaccreditation by the Institute for the Transformation
15of Learning at Marquette University,
the Wisconsin North Central Association,
the 16Wisconsin Religious and Independent Schools Accreditation,
the Independent
17Schools Association of the Central States,
Wisconsin Evangelical Lutheran Synod
18School Accreditation, National Lutheran School Accreditation, or the
diocese or 19archdiocese within which the private school is located
, or any other organization
20recognized by the National Council for Private School Accreditation by September
211 before the first school term of participation in the program under this section that
22begins after August 31, 2011; by August 1 before the first school term of participation
23in the program under this section that begins in the first school year that begins after
24a school district is identified as an eligible school district under sub. (1m)
; or by May
251 if the private school begins participation in the program under this section during
1summer school. The private school shall achieve accreditation by
the Wisconsin
2North Central Association,
the Wisconsin Religious and Independent Schools
3Accreditation,
the Independent Schools Association of the Central States,
or
4Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran
5School Accreditation, the
diocese or archdiocese within which the private school is
6located, or any other organization recognized by the National Council for Private
7School Accreditation, by December 31 of the 3rd school year following the first school
8year in which the private school begins participation in the program under this
9section. If the private school is accredited under this subdivision, the private school
10is not required to obtain preaccreditation as a prerequisite to providing instruction
11under this section in additional grades or in an additional or new school.
SB234,8,2214
118.60
(3) (b) If the private school rejects an applicant because it has too few
15available spaces, the
pupil applicant may transfer his or her application to a
16participating private school that has space available.
An applicant rejected under
17this paragraph may be admitted to a private school participating in the program
18under this section for the following school year, provided that the applicant continues
19to reside within an eligible school district. The department may not require, in that
20following school year, the private school to submit financial information regarding
21the applicant or to verify the eligibility of the applicant to participate in the program
22under this section on the basis of family income.
SB234,9,4
1118.60
(3m) (a) (intro.) A private school participating in the program under this
2section may not charge or receive any additional
tuition payment for a pupil
3participating in the program under this section other than the payment the school
4receives under sub. (4) and, if applicable, sub. (4m), if either of the following applies:
SB234, s. 7
5Section
7. 118.60 (3m) (am) of the statutes is created to read:
SB234,9,126
118.60
(3m) (am) 1. Beginning in the 2011-12 school year, a private school
7participating in the program under this section may recover the cost of providing the
8following to a pupil participating in the program under this section through
9reasonable fees in an amount determined by the private school and charged to the
10pupil, except that no participating private school may retroactively recover any
11uncollected costs incurred prior to the effective date of this subdivision .... [LRB
12inserts date]:
SB234,9,1313
a. Personal use items, such as uniforms, gym clothes, and towels.
SB234,9,1514
b. Social and extracurricular activities if not necessary to the private school's
15curriculum.
SB234,9,1616
c. Musical instruments.
SB234,9,1717
d. Meals consumed by pupils of the private school.
SB234,9,1918
e. High school classes that are not required for graduation and for which no
19credits toward graduation are given.
SB234,9,2020
f. Transportation.
SB234,9,2121
g. Before-school and after-school child care.
SB234,9,2522
2. A private school may not prohibit an eligible pupil from attending the private
23school, expel or otherwise discipline the pupil, or withhold or reduce the pupil's
24grades because the pupil or the pupil's parent or guardian cannot pay or has not paid
25fees charged under subd. 1.
SB234,10,73
118.60
(3m) (b) (intro.)
A Beginning in the 2011-12 school year, a private
4school participating in the program under this section may, in addition to the
5payment it receives for a pupil under sub. (4) and, if applicable, sub. (4m), charge the
6pupil tuition
and fees in an amount determined by the school if both of the following
7apply:
SB234,10,1410
118.60
(3m) (c) A private school participating in the program under this section
11shall determine whether the private school may charge additional tuition
and fees 12to a pupil on the basis of the pupil's family income as permitted under par. (b). The
13private school shall establish a process for accepting an appeal to the governing body
14of the private school of the determination made under this paragraph.
SB234,11,217
118.60
(7) (d) 1. b. A copy of the school's current certificate of occupancy issued
18by the municipality within which the school is located. If the private school moves
19to a new location, the private school shall submit a copy of the new certificate of
20occupancy issued by the municipality within which the school is located to the
21department before the attendance of pupils at the new location and before the next
22succeeding date specified in s. 121.05 (1) (a).
If the municipality within which the
23private school is located does not issue certificates of occupancy, the private school
24may submit a certificate of occupancy issued by the local or regional governmental
1unit with authority to issue certificates of occupancy. A temporary certificate of
2occupancy does not meet the requirement of this subdivision.
SB234, s. 11
3Section
11. 118.60 (10) (a) 8. of the statutes is created to read:
SB234,11,94
118.60
(10) (a) 8. Before the end of a 7-year period beginning on the date of an
5order issued by the state superintendent under this subsection, retained a
6disqualified person, for compensation or as a volunteer, as an owner, officer, director,
7trustee, administrator, person designated by the administrator to assist in
8processing pupil applications, or person responsible for administrative, financial, or
9pupil health and safety matters.
SB234, s. 12
10Section
12. 119.23 (1) (ag) of the statutes is created to read:
SB234,11,1311
119.23
(1) (ag) "Disqualified person" means a person who, when a private
12school was barred or terminated from participation in the program under this section
13by an order issued under sub. (10), satisfied at least one of the following:
SB234,11,1514
1. Had a controlling ownership interest in, or was the administrator or an
15officer, director, or trustee of, the private school.
SB234,11,1716
2. Was a person designated by the administrator of the private school to assist
17in processing pupil applications.