AB377: Bill Text

LRB-2902/2

TKK&PG:eev:jm

2013 - 2014 LEGISLATURE

2013 Assembly BILL 377

September 19, 2013 - Introduced by Representatives Pope, Wright, Clark, Bernard Schaber, Kahl, Danou, Billings, Ohnstad, Kolste, Pasch, Bewley, C. Taylor, Riemer, Berceau, Sargent, Shankland, Jorgensen, Hintz, Goyke, Johnson, Ringhand, Hebl, Richards, Smith, Wachs, Genrich and Hulsey, cosponsored by Senators Lehman, Shilling, Erpenbach, Miller, Jauch, Hansen, T. Cullen, Risser, Vinehout, C. Larson, Harris, Lassa, Wirch and Schultz. Referred to Committee on Education.

AB377,2,9 An Act to repeal 118.60 (2) (bm), 118.60 (4) (bg) 1., 118.60 (4) (bg) 2., 118.60 (4) (bg) 3., 118.60 (4) (bg) 4., 118.60 (4) (bg) 5., 118.60 (11) (d), 119.23 (4) (bg) 1., 119.23 (4) (bg) 2., 119.23 (4) (bg) 3., 119.23 (4) (bg) 4., 119.23 (4) (bg) 5. and 119.23 (11) (d); to renumber and amend 118.016 (1) and 118.31 (1); to amend 115.28 (7) (b), 118.016 (1g), (1r) and (2), 118.19 (1), 118.30 (5m), 118.305 (1) (h), 118.305 (3) (e), 118.31 (2), 118.31 (3) (intro.), 118.31 (4), 118.31 (5), 118.31 (6), 118.60 (2) (a) (intro.), 118.60 (2) (a) 1. a., 118.60 (2) (c), 118.60 (3) (c), 118.60 (4) (d) (intro.), 118.60 (4) (d) 2., 118.60 (4r) (a), 118.60 (7) (am) 1., 118.60 (7) (b) 3m., 118.60 (7) (d) 1. b., 118.60 (10) (a) 3., 118.60 (10) (a) 7., 118.60 (10) (c), 119.23 (2) (a) 1. a., 119.23 (2) (c), 119.23 (4) (d) (intro.), 119.23 (4) (d) 2., 119.23 (4r) (a), 119.23 (7) (am) 1., 119.23 (7) (b) 3m., 119.23 (7) (d) 1. b., 119.23 (10) (a) 3., 119.23 (10) (a) 7. and 119.23 (10) (c); to repeal and recreate 118.60 (4m) and 119.23 (4m); and to create 118.016 (1) (b), 118.305 (1) (gm), 118.31 (1) (b), 118.33 (1) (f) 5., 118.60 (2) (a) 1. am., 118.60 (2) (a) 6m., 118.60 (2) (a) 9., 118.60 (2) (a) 10., 118.60 (2) (d), 118.60 (4) (bd) (intro.), 118.60 (4) (bd) 1., 118.60 (4) (bd) 2. and 3., 118.60 (7) (b) 9., 118.60 (7) (d) 1. d., 118.60 (7) (i), 118.60 (10) (a) 9., 118.60 (10) (a) 10., 118.60 (10) (bg), 118.60 (10) (br), 119.23 (2) (a) 1. am., 119.23 (2) (a) 6m., 119.23 (2) (a) 9., 119.23 (2) (a) 10., 119.23 (2) (d), 119.23 (4) (bd) (intro.), 119.23 (4) (bd) 1., 119.23 (4) (bd) 2. and 3., 119.23 (7) (b) 9., 119.23 (7) (d) 1. d., 119.23 (7) (i), 119.23 (10) (a) 9., 119.23 (10) (a) 10., 119.23 (10) (bg), 119.23 (10) (br) and 120.13 (1) (i) of the statutes; relating to: accountability provisions for private schools participating in a parental choice program and requiring the exercise of rule-making authority.

Analysis by the Legislative Reference Bureau

This bill makes a number of changes to the law governing the Milwaukee Parental Choice Program, the Racine Parental Choice Program, and the statewide parental choice program (parental choice programs). The changes are to take effect in the 2014-15 school year.

Family income for pupil eligibility

Current law permits a pupil to attend a participating private school under the Racine Parental Choice Program or the Milwaukee Parental Choice Program if the pupil resides in the Racine Unified School District (RUSD) or the Milwaukee Public School District (MPS), respectively, and the family income of the pupil does not exceed three times the federal poverty level. 2013 Wisconsin Act 20 (the biennial budget bill) (Act 20) established a new parental choice program under which a pupil who resides in a school district other than RUSD or MPS may, beginning in the 2013-14 school year, attend a participating private school if the family income of the pupil does not exceed 1.85 times the federal poverty level. Under each parental choice program, if the family income of a pupil who is attending a private school under the program increases, the pupil may continue to attend a private school under the program.

Under this bill, beginning in the 2014-15 school year, no pupil whose family income exceeds 1.85 times the federal poverty level may attend a participating private school under any of the parental choice programs. The bill makes no changes to the provisions governing a pupil who is attending a private school under the program and whose family income increases.

Per pupil payments

Under current law, in the 2013-14 school year, for each pupil enrolled in a private school under a parental choice program, the department must pay to the private school an amount equal to the private school's per pupil operating and debt service cost that is related to educational programming (educational costs) or $6,442 (the maximum payment per pupil), whichever is less. Also under current law, in the 2014-15 school year, the maximum payment per pupil increases to $7,210 for a pupil enrolled in a grade from kindergarten to 8 and to $7,856 for a pupil enrolled in a grade from 9 to 12.

Beginning in the 2014-15 school year, if a private school enrolls pupils under a parental choice program in any grade from K to 8 and also in any grade from 9 to 12, current law prohibits the department from determining separate educational costs for pupils enrolled in grades K to 8 and for pupils enrolled in grades 9 to 12. Instead, the maximum payment per pupil for that school would be an amount determined by: (a) multiplying the number of pupils enrolled in the school under a choice program in any grade from K to 8 by the maximum payment amount for those grades; (b) multiplying the number of pupils enrolled in the school under a choice program in any grade from 9 to 12 by the maximum payment amount for those grades; (c) adding those two amounts together; and (d) dividing that sum by the total number of pupils enrolled in the school under a parental choice program.

Finally, under current law, beginning in the 2015-16 school year, the maximum per pupil payment in any given school year is equal to the maximum per pupil payment in the previous school year plus the revenue limit per pupil adjustment, if positive, provided to school districts in the current year plus the change in total categorical aid funding per pupil, if positive, from the prior year to the current year.

This bill eliminates these methods for determining per pupil payments to participating private schools. Under this bill, beginning in the 2014-15 school year, for each pupil enrolled in a private school under a parental choice program, the department must pay the lesser of the following: a) the private school's per pupil educational costs; b) a rolling average of the tuition paid by a pupil attending the private school, but not under a parental choice program, in the current and two preceding school years; or c) $6,442.

Teacher licensure

With certain exceptions, current law requires that the teachers and administrators employed by a private school participating in a parental choice program have at least a bachelor's degree from an accredited institution of higher education. The teachers and administrators are not required to be licensed by the department.

With certain exceptions, this bill requires that all instructional staff of private schools participating in a parental choice program hold a license or permit issued by the department. "Instructional staff" means all professional employees who have as part of their responsibility direct contact with pupils or with the private school's instructional program.

Reading readiness assessments of participating pupils

Under current law, in the 2013-14 school year, each school board and the governing body of each independent charter school must assess each pupil enrolled in four-year-old kindergarten to first grade for reading readiness. Beginning in the 2014-15 school year, each school board and charter school governing board must annually assess each pupil enrolled in four-year-old kindergarten to second grade for reading readiness.

This bill extends these requirements to private schools participating in a parental choice program. The requirements apply only to those pupils attending the private school under the program. The bill also authorizes the state superintendent of public instruction to issue an order barring a private school from participating in a parental choice program if it violates the requirement described above.

Criteria for awarding a high school diploma to participating pupils

Current law requires the governing body of each private school participating in a parental choice program to develop a policy specifying criteria for granting a high school diploma to pupils attending the school under the program. The criteria must include the pupil's academic performance and the recommendations of teachers. The private school may not grant a high school diploma to any pupil attending the school under the program unless the pupil satisfies the criteria specified in the policy.

Beginning in the 2014-15 school year, this bill requires a private school participating in a parental choice program to include in its policy the requirements for granting a high school diploma to public school pupils. These requirements include earning a specified minimum number of credits in certain subjects and, in grades 9 to 12, being enrolled in a class or participating in an activity approved by the school board during each class period of each school day.

The bill also authorizes the state superintendent of public instruction to issue an order barring a private school from participating in a parental choice program if the private school fails to include these new requirements in its high school graduation policy.

Corporal punishment of pupils enrolled in a participating private school

Under current law, no official, employee, or agent of a school district (school employee) may subject a pupil enrolled in the school district to corporal punishment. Current law defines corporal punishment to mean "the intentional infliction of physical pain which is used as a means of discipline." Current law permits a school employee to use reasonable and necessary force under certain circumstances, including to obtain possession of a weapon from a pupil, protect the safety of others, or quell a disturbance. Each school board must establish a policy to outline the circumstances in which a school employee may use reasonable and necessary force.

This bill extends these provisions regarding corporal punishment to private schools participating in a parental choice program, and permits the state superintendent to issue an order barring the private school from participating in a parental choice program for the current school year if the private school fails to comply with these provisions.

Expulsion of pupils from participating private schools

Under current law, a pupil may be expelled from a public school for repeatedly violating school rules; making a bomb threat; or endangering or threatening to endanger the property, health, or safety of others. A pupil who has a firearm at school must be expelled for at least one year. Before expelling a pupil, the school board must provide a hearing at which the pupil or his or her parent may be represented by an attorney. After the hearing, the school board must issue a written decision, which may be appealed to the state superintendent of public instruction.

This bill directs the department to promulgate rules establishing a procedure for the expulsion of pupils attending a private school under a parental choice program by the governing body of the private school. The rules must adhere as closely as feasible to the statutory provisions governing the expulsion of pupils from public schools.

The bill also authorizes the state superintendent to issue an order barring a private school from participating in a parental choice program for the current school year if the private school violates the rules described above.

Regular building inspection of certain participating private schools

Under current law, before a private school may participate in a parental choice program, the private school must submit to the department a copy of the certificate of occupancy (certificate) issued for the private school building by the municipality within which the private school is located. If the municipality does not issue certificates, the private school may submit either a certificate issued by a local or regional governmental unit with authority to issue such a certificate or a letter or form from the municipality that explains that the municipality does not issue certificates.

This bill requires a private school located in a municipality that does not issue certificates to annually obtain a building inspection of the school building.

Miscellaneous other provisions

Under current law, the department may only release data related to enrollment of, standardized test results for, and other information related to pupils participating in a parental choice program all at the same time, uniformly, and completely. This bill eliminates this requirement.

This bill requires a private school participating in a parental choice program to permit public inspection and copying of any record of the private school that relates to pupils attending the private school under the program to the same extent as required of, and subject to the same terms and enforcement provisions that apply to, a school board. The bill authorizes the department to issue an order barring the private school from participating in the parental choice program for the current school year if the private school violates this requirement.

This bill requires that a private school be located in this state in order to participate in a parental choice program.

This bill provides that a private school may participate in a parental choice program only if it has been in operation for the attendance of pupils for at least two school years. The bill also provides that no more than 49 percent of a private school's enrollment may consist of pupils attending the private school under a parental choice program.

Currently, a private school participating in a parental choice program must schedule two meetings each year at which members of the school's governing board will be present and at which pupils and prospective pupils and their parents may meet and communicate with the members of the governing board.

This bill requires a private school participating in a parental choice program to hold at least one such meeting each month. The bill requires that the meetings be open to the public and that the private school provide public notice of the meetings in the same manner as notice of meetings of governmental bodies is required to be provided. Finally, the bill authorizes the department to issue an order barring the private school from participating in the parental choice program for the current school year if the private school violates these requirements.

For further information see the state 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:

AB377,1 Section 1. 115.28 (7) (b) of the statutes is amended to read:

AB377,6,12 115.28 (7) (b) Subject to the same rules and laws concerning qualifications of applicants and granting and revocation of licenses or certificates under par. (a), the state superintendent shall grant certificates and licenses to teachers in private schools and tribal schools, except that teaching experience requirements for such certificates and licenses may be fulfilled by teaching experience in public, private, or tribal schools. An applicant is not eligible for a license or certificate unless the state superintendent finds that the private school or tribal school in which the applicant taught offered an adequate educational program during the period of the applicant's teaching therein. Private Except as provided in ss. 118.60 (2) (a) 6m. and 119.23 (2) (a) 6m., private schools are not obligated to employ only licensed or certified teachers.

AB377,2 Section 2. 118.016 (1) of the statutes, as affected by 2013 Wisconsin Act 20, is renumbered 118.016 (1) (a) and amended to read:

AB377,7,7 118.016 (1) (a) In the 2013-14 school year, each school board and the governing body of each charter school established under s. 118.40 (2r) shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the department, annually assess each pupil enrolled in 4-year-old kindergarten to first grade in the school district or in the charter school for reading readiness. Beginning in the 2014–15 school year, each school board and the governing body of each charter school established under s. 118.40 (2r) shall, using the appropriate, valid, and reliable assessment of literacy fundamentals selected by the department, annually assess each pupil enrolled in 4-year-old kindergarten to second grade in the school district or in the charter school for reading readiness.