Amendment ASA1-AB40

AB40-ASA1,986,25 118.60 (2) (bs) In the 2013-14 and 2014-15 school years, a private school may accept pupils who reside in a school district, other than an eligible school district or a 1st class city school district, under this section only if the private school was operating as a private school on May 1, 2013.

AB40-ASA1,1847 Section 1847. 118.60 (3) (a) of the statutes is renumbered 118.60 (3) (a) (intro.) and amended to read:

AB40-ASA1,987,15 118.60 (3) (a) (intro.) 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 Subject to pars. (ag) and (ar), a private school may reject an applicant only if it has reached its maximum general capacity or seating capacity. The Except as provided in pars. (ag) and (ar) 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. any of the following:

AB40-ASA1,1848 Section 1848. 118.60 (3) (a) 1. to 3. of the statutes are created to read:

AB40-ASA1,987,19 118.60 (3) (a) 1. Pupils who attended the private school under this section during the school year prior to the school year for which the application is being made.

AB40-ASA1,987,23 2. Siblings of pupils who attended the private school during the school year prior to the school year for which the application is being made and to siblings of pupils who have been accepted to the private school for the school year for which the application is being made.

AB40-ASA1,988,3 3. Pupils who attended another private school under this section or s. 119.23 during the school year prior to the school year for which the application is being made.

AB40-ASA1,1848d Section 1848d. 118.60 (3) (ag) of the statutes is created to read:

AB40-ASA1,988,8 118.60 (3) (ag) 1. In the 2013-14 school year, a private school that has submitted a notice of intent to participate under sub. (2) (a) 3. c. may begin accepting applications beginning on August 1, 2013, from pupils who reside in a school district, other than an eligible school district or a 1st class city school district.

AB40-ASA1,988,14 2. By August 9, 2013, each private school that has received applications under subd. 1. shall report to the department the name of each pupil who has applied to attend the private school under this section, the total number of pupils that have applied to attend the private school under this section, the names of those applicants that have siblings who have also applied to attend the private school under this section, and the number of such sibling applicants.

AB40-ASA1,988,19 3. Upon receipt of the information under subd. 2., the department shall determine the sum of all applicants under this paragraph. In determining the sum, the department shall count a pupil who has applied to attend more than one private school under the program only once. After determining the sum of all applicants, the department shall do one of the following:

AB40-ASA1,988,23 a. If the total number of applicants does not exceed the pupil participation limit established under sub. (2) (be) 1., the department shall immediately notify the private schools that all applicants reported under subd. 2. may be accepted into the private schools under the program for the 2013-14 school year.

AB40-ASA1,989,13 b. If the total number of applicants exceeds the pupil participation limit established under sub. (2) (be) 1., the department shall notify those 25 private schools that received the most applications that the private school may accept pupils who reside in a school district, other than an eligible school district or a 1st class city school district, under this section. Upon the request of the governing body of a private school, the department shall include in its count of 25 private schools more than one unique campus location of a private school operating under one federal tax identification number if each such campus location otherwise qualifies to be included in the count under this subd. 3. b. The department shall allocate to each of the 25 private schools 10 pupil slots and shall fill each slot by random drawing. If a pupil chosen by random drawing has a sibling that applied to the private school, the next available slot shall be filled by the sibling. The department shall fill the remaining 250 spaces by random drawing from applications submitted to those 25 schools. If a pupil chosen by random drawing has a sibling that applied to the private school, the next available slot shall be filled by the sibling.

AB40-ASA1,989,16 4. The department shall establish and maintain a waiting list for those applicants who were not selected in a random drawing conducted under subd. 3. b., and shall give preference to siblings.

AB40-ASA1,989,23 5. a. A private school that has been authorized to accept pupils under subd. 3. a. may accept additional applications from pupils who reside in a school district, other than an eligible school district or a 1st class city school district, and who wish to attend the private school under this section, only during the periods that apply to an eligible school district. If a private school accepts additional applications from pupils as permitted under this subd. 5. a., the private school shall notify the department each time the private school receives an application.

AB40-ASA1,990,3 b. If, upon receipt of a notice under subd. 5. a., the department determines that the total number of pupils who have applied to attend private schools under this paragraph will exceed the pupil participation limit under sub. (2) (be) 1., the department shall establish and administer a waiting list in the manner provided under subd. 4.

AB40-ASA1,990,12 6. A private school that has accepted a pupil who resides in a school district, other than an eligible school district or a 1st class city school district, under this paragraph shall notify the department whenever the private school determines that a pupil will not attend the private school under this paragraph. The department shall fill any such available slot with a pupil selected at random from a waiting list established under subd. 4., if such a waiting list exists, but shall give preference to a sibling of a pupil who resides in a school district, other than an eligible school district or a 1st class city school district, and who is attending the private school under this section.

AB40-ASA1,1848h Section 1848h. 118.60 (3) (ar) of the statutes is created to read:

AB40-ASA1,990,18 118.60 (3) (ar) 1. In the 2014-15 school year and any school year thereafter, a private school that has submitted a notice of intent to participate under sub. (2) (a) 3. a. may accept applications for the following school year between February 1 and April 20 from pupils who reside in a school district, other than an eligible school district or a 1st class city school district.

AB40-ASA1,990,25 2. By May 1, 2014, and by May 1 of any school year thereafter, each private school that has received applications under subd. 1. shall report to the department the name of each pupil who has applied to attend the private school under this section, the total number of pupils that have applied to attend the private school under this section, the names of those applicants that have siblings who have also applied to attend the private school under this section, and the number of such sibling applicants.

AB40-ASA1,991,5 3. Upon receipt of the information under subd. 2., the department shall determine the sum of all applicants under this paragraph. In determining the sum, the department shall count a pupil who has applied to attend more than one private school under the program only once. After determining the sum of all applicants, the department shall do one of the following:

AB40-ASA1,991,9 a. If the total number of applicants does not exceed the pupil participation limit established under sub. (2) (be) 2., the department shall immediately notify the private schools that all applicants reported under subd. 2. may be accepted into the private schools under the program for the next school year.

AB40-ASA1,991,17 b. If the total number of applicants exceeds the pupil participation limit established under sub. (2) (be) 2., the department shall allocate to those private schools that participated in the program in the preceding school year the same number of slots held by pupils participating in the program under this section in that school year. The department shall allocate the remaining slots to those private schools that received the most applications in the manner set forth under par. (ag) 3. b. If a pupil chosen by random drawing has a sibling that applied to the private school, the next available slot shall be filled by the sibling.

AB40-ASA1,991,20 4. The department shall establish and maintain a waiting list for those applicants who were not selected in a random drawing conducted under subd. 3. b., and shall give preference to siblings.

AB40-ASA1,992,2 5. a. A private school that has been authorized to accept pupils under subd. 3. a. may accept additional applications from pupils who reside in a school district, other than an eligible school district or a 1st class city school district, and who wish to attend the private school under this section, only during the periods that apply to an eligible school district. If a private school accepts additional applications from pupils as permitted under this subd. 5. a., the private school shall notify the department each time the private school receives an application.

AB40-ASA1,992,7 b. If, upon receipt of a notice under subd. 5. a., the department determines that the total number of pupils who have applied to attend private schools under this paragraph will exceed the pupil participation limit under sub. (2) (be) 2., the department shall establish and administer a waiting list in the manner provided under subd. 4.

AB40-ASA1,992,15 6. A private school that has accepted a pupil who resides in a school district, other than an eligible school district or a 1st class city school district, under this paragraph shall notify the department whenever the private school determines that a pupil will not attend the private school under this paragraph. The department shall fill any such available slot with a pupil selected at random from a waiting list established under subd. 4., if such a waiting list exists, but shall give preference to a sibling of a pupil who resides in a school district other than an eligible school district and who is attending the private school under this section.

AB40-ASA1,1848p Section 1848p. 118.60 (3) (b) of the statutes is amended to read:

AB40-ASA1,993,2 118.60 (3) (b) If the a participating private school rejects an applicant who resides within an eligible school district because it the private school has too few available spaces, the applicant may transfer his or her application to a participating private school that has space available. An applicant rejected under this paragraph may be admitted to a private school participating in the program under this section for the following school year, provided that the applicant continues to reside within an eligible school district. The department may not require, in that following school year, the private school to submit financial information regarding the applicant or to verify the eligibility of the applicant to participate in the program under this section on the basis of family income.

AB40-ASA1,1848t Section 1848t. 118.60 (3) (c) of the statutes is created to read:

AB40-ASA1,993,10 118.60 (3) (c) If a participating private school rejects an applicant who resides in a school district, other than an eligible school district or a 1st class city school district, because the private school has too few available spaces, the applicant may transfer his or her application to a participating private school that has space available. An applicant rejected under this paragraph may, subject to sub. (2) (be), be admitted to a private school participating in the program under this section for the following school year.

AB40-ASA1,1849 Section 1849. 118.60 (4) (b) of the statutes is repealed.

AB40-ASA1,1850 Section 1850. 118.60 (4) (bg) of the statutes is renumbered 118.60 (4) (bg) 1. and amended to read:

AB40-ASA1,993,20 118.60 (4) (bg) 1. In the 2011-12 and 2012-13 2013-14 school years year, 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) (fr), 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-ASA1,1851 Section 1851. 118.60 (4) (bg) 2. of the statutes is created to read:

AB40-ASA1,994,5 118.60 (4) (bg) 2. Except as provided in subd. 4., in the 2014-15 school year, 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) (fr), the lesser of 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 an amount either of $7,210, if the pupil is enrolled in a grade from kindergarten to 8, or of $7,856, if the pupil is enrolled in a grade from 9 to 12.

AB40-ASA1,1851c Section 1851c. 118.60 (4) (bg) 3. of the statutes is created to read:

AB40-ASA1,994,11 118.60 (4) (bg) 3. In the 2015-16 school year and in each school year thereafter, 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) (fr), the lesser of the following:

AB40-ASA1,994,13 a. 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.

AB40-ASA1,994,20 b. Except as provided in subd. 5., an amount equal to the sum of the maximum amount per pupil the state superintendent paid a private school under this section in the previous school year for the grade in which the pupil is enrolled; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

AB40-ASA1,1851f Section 1851f. 118.60 (4) (bg) 4. of the statutes is created to read:

AB40-ASA1,995,3 118.60 (4) (bg) 4. If a pupil is enrolled in a private school that enrolls pupils under the program in any grade between kindergarten to 8 and also in any grade between 9 to 12, 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) (fr), the lesser of 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 an amount determined as follows:

AB40-ASA1,995,6 a. Multiply the number of pupils participating in the program under this section who are enrolled in the private school in any grade between kindergarten to 8 by $7,210.

AB40-ASA1,995,8 b. Multiply the number of pupils participating in the program under this section who are enrolled in the private school in any grade between 9 to 12 by $7,856.

AB40-ASA1,995,9 c. Add the amounts determined under subd. 4. a. and b.

AB40-ASA1,995,12 d. Divide the amount determined under subd. 4. c. by the total number of pupils participating in the program under this section who are enrolled at the private school.

AB40-ASA1,1851h Section 1851h. 118.60 (4) (bg) 5. of the statutes is created to read:

AB40-ASA1,995,17 118.60 (4) (bg) 5. If a pupil is enrolled in a private school that enrolls pupils under the program in any grade between kindergarten to 8 and also in any grade between 9 to 12, an amount determined under subd. 4. a. to d., with the following modifications:

AB40-ASA1,995,24 a. The number of pupils participating in the program who are enrolled in the private school in any grade between kindergarten to 8 is multiplied by the sum of the multiplier used for the previous school year; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

AB40-ASA1,996,6 b. The number of pupils participating in the program who are enrolled in the private school in any grade between 9 to 12 is multiplied by the sum of the multiplier used for the previous school year; the amount of the per pupil revenue adjustment under s. 121.91 (2m) for the current school year, if positive; and the change in the amount of statewide categorical aid per pupil between the previous school year and the current school year, as determined under s. 118.40 (2r) (e) 2p., if positive.

AB40-ASA1,1852 Section 1852. 118.60 (4) (d) (intro.) of the statutes is amended to read:

AB40-ASA1,996,11 118.60 (4) (d) (intro.) In determining a private school's operating and debt service cost per pupil under par. (b) 1. and sub. (4m) (a) (bg), the department shall do all of the following, but may not determine separate costs for pupils enrolled in grades kindergarten to 8 and for pupils enrolled in grades 9 to 12:

AB40-ASA1,1852d Section 1852d. 118.60 (4) (d) 2. of the statutes is amended to read:

AB40-ASA1,996,25 118.60 (4) (d) 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. 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 but the private school was not permitted to include an amount equal to 10.5 percent of the fair market value of the school and its premises in the 2012-13 school year, the private school may, beginning on the effective date of this subdivision .... [LRB inserts date], request the department to include that amount. 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-ASA1,1852g Section 1852g. 118.60 (4) (d) 4. of the statutes is created to read:

AB40-ASA1,997,6 118.60 (4) (d) 4. Permit a private school to accumulate up to 15 percent of the private school's annual operating and debt service costs related to educational programming in a reserve account and include any increase to that reserved amount in the department's determination of the private school's operating and debt service costs related to programming for that school year.

AB40-ASA1,1852j Section 1852j. 118.60 (4m) of the statutes is repealed and recreated to read:

AB40-ASA1,997,12 118.60 (4m) (a) In addition to the payment under sub. (4), the state superintendent shall, subject to par. (b), pay to each private school participating in the program under this section, on behalf of the parent or guardian of each pupil attending summer school in the private school under this section during a summer and in the manner described in sub. (4) (c), an amount determined as follows:

AB40-ASA1,997,15 1. Determine the maximum amount that could have been paid, at the end of the immediately preceding school term, per pupil under sub. (4) (bg) for the grade in which the pupil is attending summer school under this section.

AB40-ASA1,997,16 2. Multiply the amount under subd. 1. by 0.05.

AB40-ASA1,997,18 (b) A participating private school may receive a per pupil payment under par. (a) if all of the following are satisfied:

AB40-ASA1,997,20 1. The private school offers no fewer than 19 summer days of instruction during that summer.

AB40-ASA1,997,22 2. Each summer day of instruction offered by the private school under subd. 1. is comprised of no fewer than 270 minutes of instruction.

AB40-ASA1,997,25 3. Each pupil for whom the private school seeks a payment under par. (a) attends no fewer than 15 days of summer instruction at the private school during that summer.

AB40-ASA1,1852m Section 1852m. 118.60 (4r) (intro.) of the statutes is amended to read:

AB40-ASA1,998,9 118.60 (4r) (intro.) If, after the 3rd Friday in September in any school year, a private school participating in the program under this section closes, for each installment under sub. (4) (c) that was not paid to the private school in that school year, the state superintendent shall pay to the board of the school district within which the pupil resides, from the appropriation under s. 20.255 (2) (fv), the amount determined, for each pupil who had been attending the private school under this section in that school year and who enrolls in the school district operating under this chapter within which the pupil resides in that school year, as follows:

AB40-ASA1,1853 Section 1853. 118.60 (4r) (a) of the statutes is amended to read:

AB40-ASA1,998,12 118.60 (4r) (a) Multiply the amount determined under sub. (4) (b) or (bg) by 0.616.

AB40-ASA1,1855 Section 1855. 118.60 (5) of the statutes is amended to read:

AB40-ASA1,998,17 118.60 (5) The state superintendent shall ensure that pupils and parents and guardians of pupils who reside in an eligible school district this state are informed annually of the private schools participating in the program under this section and in the program under s. 119.23.

AB40-ASA1,1855m Section 1855m. 118.60 (6) of the statutes is amended to read:

AB40-ASA1,998,22 118.60 (6) The school board of an eligible a school district shall provide transportation to pupils attending a private school under this section if required under s. 121.54 and may claim transportation aid under s. 121.58 for pupils so transported.

AB40-ASA1,1855r Section 1855r. 118.60 (7) (ad) of the statutes is created to read:

AB40-ASA1,999,8 118.60 (7) (ad) The governing body of a private school participating in the program under this section and accredited as required under sub. (2) (a) 7. shall ensure that the private school continuously maintains accreditation from Wisconsin North Central Association, Wisconsin Religious and Independent School Accreditation, Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, Wisconsin Association of Christian Schools, the diocese or archdiocese within which the private school is located, or by any other organization recognized by the National Council for Private Schools Accreditation as long as the private school continues to participate in the program under this section.

AB40-ASA1,1856 Section 1856. 118.60 (7) (am) 1. of the statutes is amended to read:

AB40-ASA1,999,24 118.60 (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 (bg). 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. If a private school participating in the program under this section also accepts pupils under s. 119.23, the private school may submit one comprehensive financial audit to satisfy the requirements of this subdivision and s. 119.23 (7) (am) 1. The private school shall include in the comprehensive financial audit the information specified under s. 119.23 (7) (am) 1.

AB40-ASA1,1856c Section 1856c. 118.60 (7) (b) 3. of the statutes is amended to read:

AB40-ASA1,1000,6 118.60 (7) (b) 3. Ensure that any teacher's aide employed by the private school has graduated from high school, been granted a declaration of equivalency of high school graduation, or been issued a general educational development certificate of high school equivalency, or has obtained a degree or educational credential higher than a high school diploma, declaration of equivalency of high school graduation, or general educational development certificate of high school equivalency.

AB40-ASA1,1856g Section 1856g. 118.60 (7) (b) 7. a. of the statutes is amended to read:

AB40-ASA1,1000,13 118.60 (7) (b) 7. a. Except as provided in subd. 7. b., if the private school ceases operating as a private school, immediately transfer all of the progress records of the pupils each pupil who attended the school under this section to the school board of the eligible school district within which the pupils reside pupil resides. The private school shall send written notice to each pupil, or to the parent or guardian of a minor pupil, of the transfer of progress records under this subd. 7. a.

AB40-ASA1,1856m Section 1856m. 118.60 (7) (d) (intro.) of the statutes is amended to read:

AB40-ASA1,1000,21 118.60 (7) (d) (intro.) By September 1 before the first school term of participation in the program that begins in the 2011-12 2013-14 school year, by August 1 before the first school term of participation in the program that begins in the 2012-13 2014-15 school year or any school year thereafter, or by May 1 if the private school begins participating in the program during summer school, each private school participating in the program under this section shall submit to the department all of the following:

AB40-ASA1,1856r Section 1856r. 118.60 (7) (d) 1. b. of the statutes is amended to read:

AB40-ASA1,1001,9 118.60 (7) (d) 1. b. A copy of the school's current certificate of occupancy issued by the 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 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). If the 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 or a letter or form from the municipality within which the private school is located that explains that the municipality does not issue certificates of occupancy. A temporary certificate of occupancy does not meet the requirement of this subdivision.

AB40-ASA1,1856w Section 1856w. 118.60 (7) (em) of the statutes is created to read:

AB40-ASA1,1001,23 118.60 (7) (em) 1. Beginning in the 2013-14 school year, the governing body of each private school participating in the program under this section shall, subject to subd. 2., annually, by January 15, provide the department with evidence demonstrating that the private school remains accredited for the current school year as required under par. (ad). The governing body shall include as evidence of accreditation a letter prepared by Wisconsin North Central Association, Wisconsin Religious and Independent School Accreditation, Independent Schools Association of the Central States, Wisconsin Evangelical Lutheran Synod School Accreditation, National Lutheran School Accreditation, Wisconsin Association of Christian Schools, the diocese or archdiocese within which the private school is located, or by any other organization recognized by the National Council for Private Schools Accreditation that confirms that the private school is accredited by that entity as of the date of the letter.

AB40-ASA1,1001,25 2. The governing body shall immediately notify the department if its accreditation status changes.

AB40-ASA1,1857 Section 1857. 118.60 (10) (a) 3. of the statutes is amended to read:

AB40-ASA1,1002,4 118.60 (10) (a) 3. Failed to refund to the state any overpayment made under s. 118.60 (4) (b), 2011 stats., or s. 118.60 (4) (bg), 2011 stats., or under sub. (4) (b) or (bg) or (4m) by the date specified by department rule.